pt.1
Preliminary
sec.1
Short title
sec.1 Short title
This water plan may be cited as the Water Plan (Moreton) 2007 .
s 1 sub 2014 Act No. 64 s 255 sch 2
sec.2
Purposes of plan
sec.2 Purposes of plan
The following are the purposes of this plan—
to define the availability of water in the plan area;
to provide a framework for sustainably managing water and the taking of water;
to identify priorities and mechanisms for dealing with future water requirements;
to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;
to provide a framework for—
establishing water allocations to take surface water; and
granting and amending water entitlements for groundwater; and
granting water entitlements for overland flow water.
- (a) to define the availability of water in the plan area;
- (b) to provide a framework for sustainably managing water and the taking of water;
- (c) to identify priorities and mechanisms for dealing with future water requirements;
- (d) to provide a framework for reversing, where practicable, degradation that has occurred in natural ecosystems;
- (e) to provide a framework for— (i) establishing water allocations to take surface water; and (ii) granting and amending water entitlements for groundwater; and (iii) granting water entitlements for overland flow water.
- (i) establishing water allocations to take surface water; and
- (ii) granting and amending water entitlements for groundwater; and
- (iii) granting water entitlements for overland flow water.
- (i) establishing water allocations to take surface water; and
- (ii) granting and amending water entitlements for groundwater; and
- (iii) granting water entitlements for overland flow water.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 15 defines particular words used in this plan.
pt.2
Plan area and water to which plan applies
Plan area and water to which plan applies
sec.4
Plan area
sec.4 Plan area
This plan applies to the area shown as the plan area on the map in schedule 1 .
sec.5
Groundwater management areas, implementation areas and groundwater units
sec.5 Groundwater management areas, implementation areas and groundwater units
Each part of the plan area that is within a groundwater management area shown on the map in schedule 2 is a groundwater management area for this plan.
Each of the following parts of the plan area that is within the Lockyer Valley groundwater management area and shown on the map in schedule 3 is an implementation area for this plan—
Central Lockyer Creek ( implementation area 1 );
Upper Lockyer Creek and Flagstone Creek ( implementation area 2A );
Tenthill Creek and Ma Ma Creek ( implementation area 2B );
Sandy Creek (parish of Blenheim) and Upper Laidley Creek ( implementation area 3 );
Lower Lockyer Creek and Buaraba Creek ( implementation area 4 ).
Implementation areas 2A, 2B, 3 and 4 consist of—
alluvial aquifers ( groundwater unit 1 ); and
hard rock aquifers ( groundwater unit 2 ).
Implementation area 1 consists of groundwater unit 1.
s 5 amd 2019 SL No. 251 s 3
(sec.5-ssec.1) Each part of the plan area that is within a groundwater management area shown on the map in schedule 2 is a groundwater management area for this plan.
(sec.5-ssec.2) Each of the following parts of the plan area that is within the Lockyer Valley groundwater management area and shown on the map in schedule 3 is an implementation area for this plan— Central Lockyer Creek ( implementation area 1 ); Upper Lockyer Creek and Flagstone Creek ( implementation area 2A ); Tenthill Creek and Ma Ma Creek ( implementation area 2B ); Sandy Creek (parish of Blenheim) and Upper Laidley Creek ( implementation area 3 ); Lower Lockyer Creek and Buaraba Creek ( implementation area 4 ).
(sec.5-ssec.3) Implementation areas 2A, 2B, 3 and 4 consist of— alluvial aquifers ( groundwater unit 1 ); and hard rock aquifers ( groundwater unit 2 ).
(sec.5-ssec.4) Implementation area 1 consists of groundwater unit 1.
- (a) Central Lockyer Creek ( implementation area 1 );
- (b) Upper Lockyer Creek and Flagstone Creek ( implementation area 2A );
- (c) Tenthill Creek and Ma Ma Creek ( implementation area 2B );
- (d) Sandy Creek (parish of Blenheim) and Upper Laidley Creek ( implementation area 3 );
- (e) Lower Lockyer Creek and Buaraba Creek ( implementation area 4 ).
- (a) alluvial aquifers ( groundwater unit 1 ); and
- (b) hard rock aquifers ( groundwater unit 2 ).
sec.6
Subcatchment areas
sec.6 Subcatchment areas
Each part of the plan area that is within a subcatchment area shown on the map in schedule 4 , and named in schedule 5 , is a subcatchment area for this plan.
sec.6A
Trading zones
sec.6A Trading zones
Each zone shown on the map in schedule 5A , part 1 is a trading zone for surface water to which this plan applies, other than surface water in the Central Lockyer Valley water supply scheme.
Each zone shown on the map in schedule 5A , part 2 is a trading zone for surface water in the Central Lockyer Valley water supply scheme.
Each zone shown on the map in schedule 5A , part 3 is a trading zone for groundwater in the Central Lockyer Valley water supply scheme.
A trading zone for surface water includes—
each part of a watercourse, lake or spring that is in the zone; and
those sections of tributaries from which there is access to flow or pondage from a watercourse or lake in the zone.
A trading zone for groundwater includes the part of a groundwater management area that is in the zone.
s 6A ins 2017 SL No. 199 s 3
sub 2019 SL No. 251 s 4
(sec.6A-ssec.1) Each zone shown on the map in schedule 5A , part 1 is a trading zone for surface water to which this plan applies, other than surface water in the Central Lockyer Valley water supply scheme.
(sec.6A-ssec.2) Each zone shown on the map in schedule 5A , part 2 is a trading zone for surface water in the Central Lockyer Valley water supply scheme.
(sec.6A-ssec.3) Each zone shown on the map in schedule 5A , part 3 is a trading zone for groundwater in the Central Lockyer Valley water supply scheme.
(sec.6A-ssec.4) A trading zone for surface water includes— each part of a watercourse, lake or spring that is in the zone; and those sections of tributaries from which there is access to flow or pondage from a watercourse or lake in the zone.
(sec.6A-ssec.5) A trading zone for groundwater includes the part of a groundwater management area that is in the zone.
- (a) each part of a watercourse, lake or spring that is in the zone; and
- (b) those sections of tributaries from which there is access to flow or pondage from a watercourse or lake in the zone.
sec.7
Information about areas
sec.7 Information about areas
The exact location of the boundaries on maps shown in schedules 1 to 4 and 5A is held in digital electronic form by the department.
The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries.
The boundary locations in digital electronic form may be inspected at the department’s offices at the Gatton Research Station, Warrego Highway, Gatton.
s 7 amd 2019 SL No. 251 s 5
(sec.7-ssec.1) The exact location of the boundaries on maps shown in schedules 1 to 4 and 5A is held in digital electronic form by the department.
(sec.7-ssec.2) The information held in digital electronic form can be reduced or enlarged to show the details of the boundaries. The boundary locations in digital electronic form may be inspected at the department’s offices at the Gatton Research Station, Warrego Highway, Gatton.
sec.8
Nodes
sec.8 Nodes
A node mentioned in this plan is a place—
on a watercourse in the plan area; and
for which environmental flow objectives are set for performance indicators.
The location of each node is shown on the map in schedule 1 and described in schedule 6 .
Each node is identified on the map by a letter.
(sec.8-ssec.1) A node mentioned in this plan is a place— on a watercourse in the plan area; and for which environmental flow objectives are set for performance indicators.
(sec.8-ssec.2) The location of each node is shown on the map in schedule 1 and described in schedule 6 .
(sec.8-ssec.3) Each node is identified on the map by a letter.
- (a) on a watercourse in the plan area; and
- (b) for which environmental flow objectives are set for performance indicators.
sec.9
Water to which plan applies
sec.9 Water to which plan applies
This plan applies to the following water ( surface water ) in the plan area—
water in a watercourse or lake;
water in springs not connected to groundwater.
This plan also applies to the following water in the plan area—
groundwater, other than groundwater to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies;
overland flow water, other than water in springs connected to groundwater.
s 9 amd 2017 SL No. 164 s 106
(sec.9-ssec.1) This plan applies to the following water ( surface water ) in the plan area— water in a watercourse or lake; water in springs not connected to groundwater.
(sec.9-ssec.2) This plan also applies to the following water in the plan area— groundwater, other than groundwater to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies; overland flow water, other than water in springs connected to groundwater.
- (a) water in a watercourse or lake;
- (b) water in springs not connected to groundwater.
- (a) groundwater, other than groundwater to which the Water Plan (Great Artesian Basin and Other Regional Aquifers) 2017 applies;
- (b) overland flow water, other than water in springs connected to groundwater.
pt.3
Outcomes for sustainable management of water
Outcomes for sustainable management of water
sec.10
Outcomes for water in plan area
sec.10 Outcomes for water in plan area
Water is to be allocated and sustainably managed in a way that—
recognises the natural state of watercourses, lakes and springs has changed because of water infrastructure, flow supplementation and the taking of water; and
seeks to achieve a balance in the following outcomes—
the general outcomes mentioned in section 11 ;
the ecological outcomes mentioned in section 12 .
- (a) recognises the natural state of watercourses, lakes and springs has changed because of water infrastructure, flow supplementation and the taking of water; and
- (b) seeks to achieve a balance in the following outcomes— (i) the general outcomes mentioned in section 11 ; (ii) the ecological outcomes mentioned in section 12 .
- (i) the general outcomes mentioned in section 11 ;
- (ii) the ecological outcomes mentioned in section 12 .
- (i) the general outcomes mentioned in section 11 ;
- (ii) the ecological outcomes mentioned in section 12 .
sec.11
General outcomes
sec.11 General outcomes
Each of the following is a general outcome for surface water in the plan area—
to provide for additional water to be taken from the plan area for future water requirements;
to protect the probability of taking water under water entitlements;
to provide options for water users to implement their own provisions for security of supply;
to provide for the continued use of all water entitlements and other authorisations to take or interfere with water in the plan area;
to encourage the efficient use of water;
to ensure water is available for essential services;
to achieve ecological outcomes consistent with supporting natural ecosystems by minimising changes to natural flow regimes;
to allow water-related cultural use of parts of the plan area by the traditional owners of the area;
to provide consistency between this plan and the SEQ regional plan.
Each of the following is a general outcome for groundwater in the plan area—
to provide for the continued use of all water entitlements and other authorisations to take or interfere with groundwater in the plan area;
to encourage the efficient use of the water;
to maintain long-term water quality;
to protect, as far as practicable, baseflow to watercourses that support natural ecosystems;
to allow water-related cultural use of parts of the plan area by the traditional owners of the area;
to provide consistency between this plan and the SEQ regional plan.
Each of the following is a general outcome for overland flow water in the plan area—
to provide for the continued use of existing overland flow works;
to encourage the efficient use of the water;
to support natural ecosystems by minimising changes to natural flow regimes;
to maintain run-off to achieve the general outcomes for surface water;
to provide consistency between this plan and the SEQ regional plan.
Each of the following is a general outcome for surface water and groundwater in the Central Lockyer Valley water supply scheme—
to support long-term agricultural productivity and investment and the financial security of people who use the water for agriculture;
to recognise the different contributions that natural recharge and recharge through infrastructure make to the availability of groundwater, to inform future allocations and support agricultural businesses;
to increase information held about the water, through the collection and analysis of relevant information about the water, to support future decision making and improvements in this plan;
to provide opportunities for initiatives that allow additional water to become available through the coordinated storage, management and delivery of the water, for future agricultural purposes.
In this section—
relevant information , about water, means—
trends in the levels of the groundwater; and
the volume of groundwater used; and
the recharge characteristics of the groundwater; and
the quality of the groundwater.
s 11 amd 2019 SL No. 251 s 6
(sec.11-ssec.1) Each of the following is a general outcome for surface water in the plan area— to provide for additional water to be taken from the plan area for future water requirements; to protect the probability of taking water under water entitlements; to provide options for water users to implement their own provisions for security of supply; to provide for the continued use of all water entitlements and other authorisations to take or interfere with water in the plan area; to encourage the efficient use of water; to ensure water is available for essential services; to achieve ecological outcomes consistent with supporting natural ecosystems by minimising changes to natural flow regimes; to allow water-related cultural use of parts of the plan area by the traditional owners of the area; to provide consistency between this plan and the SEQ regional plan.
(sec.11-ssec.2) Each of the following is a general outcome for groundwater in the plan area— to provide for the continued use of all water entitlements and other authorisations to take or interfere with groundwater in the plan area; to encourage the efficient use of the water; to maintain long-term water quality; to protect, as far as practicable, baseflow to watercourses that support natural ecosystems; to allow water-related cultural use of parts of the plan area by the traditional owners of the area; to provide consistency between this plan and the SEQ regional plan.
(sec.11-ssec.3) Each of the following is a general outcome for overland flow water in the plan area— to provide for the continued use of existing overland flow works; to encourage the efficient use of the water; to support natural ecosystems by minimising changes to natural flow regimes; to maintain run-off to achieve the general outcomes for surface water; to provide consistency between this plan and the SEQ regional plan.
(sec.11-ssec.4) Each of the following is a general outcome for surface water and groundwater in the Central Lockyer Valley water supply scheme— to support long-term agricultural productivity and investment and the financial security of people who use the water for agriculture; to recognise the different contributions that natural recharge and recharge through infrastructure make to the availability of groundwater, to inform future allocations and support agricultural businesses; to increase information held about the water, through the collection and analysis of relevant information about the water, to support future decision making and improvements in this plan; to provide opportunities for initiatives that allow additional water to become available through the coordinated storage, management and delivery of the water, for future agricultural purposes.
(sec.11-ssec.5) In this section— relevant information , about water, means— trends in the levels of the groundwater; and the volume of groundwater used; and the recharge characteristics of the groundwater; and the quality of the groundwater.
- (a) to provide for additional water to be taken from the plan area for future water requirements;
- (b) to protect the probability of taking water under water entitlements;
- (c) to provide options for water users to implement their own provisions for security of supply;
- (d) to provide for the continued use of all water entitlements and other authorisations to take or interfere with water in the plan area;
- (e) to encourage the efficient use of water;
- (f) to ensure water is available for essential services;
- (g) to achieve ecological outcomes consistent with supporting natural ecosystems by minimising changes to natural flow regimes;
- (h) to allow water-related cultural use of parts of the plan area by the traditional owners of the area;
- (i) to provide consistency between this plan and the SEQ regional plan.
- (a) to provide for the continued use of all water entitlements and other authorisations to take or interfere with groundwater in the plan area;
- (b) to encourage the efficient use of the water;
- (c) to maintain long-term water quality;
- (d) to protect, as far as practicable, baseflow to watercourses that support natural ecosystems;
- (e) to allow water-related cultural use of parts of the plan area by the traditional owners of the area;
- (f) to provide consistency between this plan and the SEQ regional plan.
- (a) to provide for the continued use of existing overland flow works;
- (b) to encourage the efficient use of the water;
- (c) to support natural ecosystems by minimising changes to natural flow regimes;
- (d) to maintain run-off to achieve the general outcomes for surface water;
- (e) to provide consistency between this plan and the SEQ regional plan.
- (a) to support long-term agricultural productivity and investment and the financial security of people who use the water for agriculture;
- (b) to recognise the different contributions that natural recharge and recharge through infrastructure make to the availability of groundwater, to inform future allocations and support agricultural businesses;
- (c) to increase information held about the water, through the collection and analysis of relevant information about the water, to support future decision making and improvements in this plan;
- (d) to provide opportunities for initiatives that allow additional water to become available through the coordinated storage, management and delivery of the water, for future agricultural purposes.
- (a) trends in the levels of the groundwater; and
- (b) the volume of groundwater used; and
- (c) the recharge characteristics of the groundwater; and
- (d) the quality of the groundwater.
sec.12
Ecological outcomes
sec.12 Ecological outcomes
Particular ecological outcomes for water in the part of the plan area stated for the outcome are as follows—
for Stanley River and tributaries, upstream of the impounded area of Woodford Weir—
to minimise changes to flows that support river-forming processes; and
to minimise changes to the low flow regime;
for Boondall Wetlands—to provide freshwater flows necessary to maintain the long-term pattern of inflows to, and ecological functions of, the wetlands;
for estuarine reaches—to minimise changes to brackish water habitats;
for Moreton Bay and Pumicestone Channel—to minimise changes to the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients and organic matter.
In this section—
impounded area , of Woodford Weir, means the area of the weir that is inundated when the weir is at its full supply level.
(sec.12-ssec.1) Particular ecological outcomes for water in the part of the plan area stated for the outcome are as follows— for Stanley River and tributaries, upstream of the impounded area of Woodford Weir— to minimise changes to flows that support river-forming processes; and to minimise changes to the low flow regime; for Boondall Wetlands—to provide freshwater flows necessary to maintain the long-term pattern of inflows to, and ecological functions of, the wetlands; for estuarine reaches—to minimise changes to brackish water habitats; for Moreton Bay and Pumicestone Channel—to minimise changes to the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients and organic matter.
(sec.12-ssec.2) In this section— impounded area , of Woodford Weir, means the area of the weir that is inundated when the weir is at its full supply level.
- (a) for Stanley River and tributaries, upstream of the impounded area of Woodford Weir— (i) to minimise changes to flows that support river-forming processes; and (ii) to minimise changes to the low flow regime;
- (i) to minimise changes to flows that support river-forming processes; and
- (ii) to minimise changes to the low flow regime;
- (b) for Boondall Wetlands—to provide freshwater flows necessary to maintain the long-term pattern of inflows to, and ecological functions of, the wetlands;
- (c) for estuarine reaches—to minimise changes to brackish water habitats;
- (d) for Moreton Bay and Pumicestone Channel—to minimise changes to the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients and organic matter.
- (i) to minimise changes to flows that support river-forming processes; and
- (ii) to minimise changes to the low flow regime;
pt.3A
Measures for achieving water plan outcomes
Measures for achieving water plan outcomes
sec.12A
Measures that contribute to achieving particular water plan outcomes
sec.12A Measures that contribute to achieving particular water plan outcomes
Measures that contribute to achieving the water plan outcomes stated in section 11 (2) and (4) are—
the development, before this plan expires, by the chief executive in consultation with Seqwater and water users, of a new model for the management and allocation of groundwater in groundwater unit 1 in implementation area 1; and
the collection and analysis of relevant information about groundwater in the part of groundwater unit 1 in implementation area 1—
for groundwater that is not in the Central Lockyer Valley water supply scheme—by the chief executive to help the chief executive make decisions about the sustainable management of groundwater use and the protection of groundwater aquifers in the area mentioned in that subsection; and
for groundwater in the Central Lockyer Valley water supply scheme—by a resource operations licence holder to help the licence holder make decisions about the sustainable management of groundwater use and the protection of groundwater aquifers in the area mentioned in that subsection.
The information collected, and analysis of the information, mentioned in subsection (1) (b) (i) is research and monitoring for the Water Regulation 2016 , section 22 (4) (d) .
In this section—
relevant information , about groundwater, means—
trends in the levels of the groundwater; and
the volume of groundwater used; and
the recharge characteristics of the groundwater; and
the quality of the groundwater.
s 12A ins 2019 SL No. 251 s 7
(sec.12A-ssec.1) Measures that contribute to achieving the water plan outcomes stated in section 11 (2) and (4) are— the development, before this plan expires, by the chief executive in consultation with Seqwater and water users, of a new model for the management and allocation of groundwater in groundwater unit 1 in implementation area 1; and the collection and analysis of relevant information about groundwater in the part of groundwater unit 1 in implementation area 1— for groundwater that is not in the Central Lockyer Valley water supply scheme—by the chief executive to help the chief executive make decisions about the sustainable management of groundwater use and the protection of groundwater aquifers in the area mentioned in that subsection; and for groundwater in the Central Lockyer Valley water supply scheme—by a resource operations licence holder to help the licence holder make decisions about the sustainable management of groundwater use and the protection of groundwater aquifers in the area mentioned in that subsection.
(sec.12A-ssec.2) The information collected, and analysis of the information, mentioned in subsection (1) (b) (i) is research and monitoring for the Water Regulation 2016 , section 22 (4) (d) .
(sec.12A-ssec.3) In this section— relevant information , about groundwater, means— trends in the levels of the groundwater; and the volume of groundwater used; and the recharge characteristics of the groundwater; and the quality of the groundwater.
- (a) the development, before this plan expires, by the chief executive in consultation with Seqwater and water users, of a new model for the management and allocation of groundwater in groundwater unit 1 in implementation area 1; and
- (b) the collection and analysis of relevant information about groundwater in the part of groundwater unit 1 in implementation area 1— (i) for groundwater that is not in the Central Lockyer Valley water supply scheme—by the chief executive to help the chief executive make decisions about the sustainable management of groundwater use and the protection of groundwater aquifers in the area mentioned in that subsection; and (ii) for groundwater in the Central Lockyer Valley water supply scheme—by a resource operations licence holder to help the licence holder make decisions about the sustainable management of groundwater use and the protection of groundwater aquifers in the area mentioned in that subsection.
- (i) for groundwater that is not in the Central Lockyer Valley water supply scheme—by the chief executive to help the chief executive make decisions about the sustainable management of groundwater use and the protection of groundwater aquifers in the area mentioned in that subsection; and
- (ii) for groundwater in the Central Lockyer Valley water supply scheme—by a resource operations licence holder to help the licence holder make decisions about the sustainable management of groundwater use and the protection of groundwater aquifers in the area mentioned in that subsection.
- (i) for groundwater that is not in the Central Lockyer Valley water supply scheme—by the chief executive to help the chief executive make decisions about the sustainable management of groundwater use and the protection of groundwater aquifers in the area mentioned in that subsection; and
- (ii) for groundwater in the Central Lockyer Valley water supply scheme—by a resource operations licence holder to help the licence holder make decisions about the sustainable management of groundwater use and the protection of groundwater aquifers in the area mentioned in that subsection.
- (a) trends in the levels of the groundwater; and
- (b) the volume of groundwater used; and
- (c) the recharge characteristics of the groundwater; and
- (d) the quality of the groundwater.
pt.4
Performance indicators and objectives
Performance indicators and objectives
pt.4-div.1
pt.4-div.2
Environmental flow objectives
Environmental flow objectives
sec.13
Application of division
sec.13 Application of division
This division applies to surface water.
s 13 sub 2019 SL No. 251 ss 8 – 9
sec.14
Performance indicators for environmental flow objectives
sec.14 Performance indicators for environmental flow objectives
The performance indicators for the environmental flow objectives are—
for assessing periods of low flow—
50% daily flow; and
90% daily flow; and
daily flow less than 1ML; and
number of periods of no flow of at least 1 month but less than 3 months; and
number of periods of no flow of at least 3 months but less than 6 months; and
number of periods of no flow of at least 6 months; and
for assessing periods of medium to high flow—
mean annual flow; and
1.5 year daily flow volume; and
5 year daily flow volume; and
20 year daily flow volume; and
for assessing seasonal flow patterns—
flow regime class; and
annual proportional flow deviation.
- (a) for assessing periods of low flow— (i) 50% daily flow; and (ii) 90% daily flow; and (iii) daily flow less than 1ML; and (iv) number of periods of no flow of at least 1 month but less than 3 months; and (v) number of periods of no flow of at least 3 months but less than 6 months; and (vi) number of periods of no flow of at least 6 months; and
- (i) 50% daily flow; and
- (ii) 90% daily flow; and
- (iii) daily flow less than 1ML; and
- (iv) number of periods of no flow of at least 1 month but less than 3 months; and
- (v) number of periods of no flow of at least 3 months but less than 6 months; and
- (vi) number of periods of no flow of at least 6 months; and
- (b) for assessing periods of medium to high flow— (i) mean annual flow; and (ii) 1.5 year daily flow volume; and (iii) 5 year daily flow volume; and (iv) 20 year daily flow volume; and
- (i) mean annual flow; and
- (ii) 1.5 year daily flow volume; and
- (iii) 5 year daily flow volume; and
- (iv) 20 year daily flow volume; and
- (c) for assessing seasonal flow patterns— (i) flow regime class; and (ii) annual proportional flow deviation.
- (i) flow regime class; and
- (ii) annual proportional flow deviation.
- (i) 50% daily flow; and
- (ii) 90% daily flow; and
- (iii) daily flow less than 1ML; and
- (iv) number of periods of no flow of at least 1 month but less than 3 months; and
- (v) number of periods of no flow of at least 3 months but less than 6 months; and
- (vi) number of periods of no flow of at least 6 months; and
- (i) mean annual flow; and
- (ii) 1.5 year daily flow volume; and
- (iii) 5 year daily flow volume; and
- (iv) 20 year daily flow volume; and
- (i) flow regime class; and
- (ii) annual proportional flow deviation.
sec.15
Environmental flow objectives
sec.15 Environmental flow objectives
The environmental flow objectives for this plan are stated in schedule 7 .
pt.4-div.3
Water allocation security objectives
Water allocation security objectives
sec.15A
Application of division
sec.15A Application of division
This division applies to surface water and groundwater.
s 15A ins 2019 SL No. 251 s 10
sec.16
Performance indicators for water allocation security objectives
sec.16 Performance indicators for water allocation security objectives
The performance indicators for the water allocation security objectives are—
for a water allocation to take supplemented water—the monthly supplemented water sharing index; and
for a water allocation to take unsupplemented water in a class A, B, C, D or E water allocation group—70% unsupplemented water sharing index; and
for a water allocation to take supplemented groundwater in a zone—the maximum allowable volume for the zone for the water allocation’s priority group.
s 16 amd 2019 SL No. 251 s 11
- (a) for a water allocation to take supplemented water—the monthly supplemented water sharing index; and
- (b) for a water allocation to take unsupplemented water in a class A, B, C, D or E water allocation group—70% unsupplemented water sharing index; and
- (c) for a water allocation to take supplemented groundwater in a zone—the maximum allowable volume for the zone for the water allocation’s priority group.
sec.17
Water allocation security objectives
sec.17 Water allocation security objectives
The water allocation security objectives for this plan are stated in schedule 8 .
pt.5
Strategies for achieving outcomes (surface water)
Strategies for achieving outcomes (surface water)
pt.5-div.1
Preliminary
sec.18
Strategies for surface water
sec.18 Strategies for surface water
This part—
applies to surface water; and
states the strategies for achieving the outcomes mentioned in part 3 .
- (a) applies to surface water; and
- (b) states the strategies for achieving the outcomes mentioned in part 3 .
pt.5-div.2
Decisions about surface water made under this plan
Decisions about surface water made under this plan
sec.19
Application of div 2
sec.19 Application of div 2
This division applies to decisions about the allocation or management of surface water in the plan area, other than a decision—
about reinstating or replacing an expired water licence; or
to grant a water entitlement to a local government, government agency or the bulk water supply authority for supply under operations or water infrastructure that were in existence on the commencement of this plan.
s 19 amd 2008 Act No. 34 s 751 sch 2 ; 2017 SL No. 199 s 4 ; 2019 SL No. 251 s 13
- (a) about reinstating or replacing an expired water licence; or
- (b) to grant a water entitlement to a local government, government agency or the bulk water supply authority for supply under operations or water infrastructure that were in existence on the commencement of this plan.
sec.20
Decisions about surface water must be consistent with objectives
sec.20 Decisions about surface water must be consistent with objectives
Decisions about the allocation or management of surface water in the plan area, other than a decision about a water permit, must be consistent with—
the environmental flow objectives for surface water stated in schedule 7 ; and
the water allocation security objectives for surface water stated in schedule 8 .
s 20 amd 2019 SL No. 251 s 14
- (a) the environmental flow objectives for surface water stated in schedule 7 ; and
- (b) the water allocation security objectives for surface water stated in schedule 8 .
sec.21
Assessing impact of decisions about surface water
sec.21 Assessing impact of decisions about surface water
The IQQM computer program’s simulation for the simulation period is used to assess consistency with the objectives for surface water.
If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.
The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.
s 21 amd 2019 SL No. 251 s 15
(sec.21-ssec.1) The IQQM computer program’s simulation for the simulation period is used to assess consistency with the objectives for surface water.
(sec.21-ssec.2) If it is not practicable to use the IQQM computer program, another assessment method approved by the chief executive may be used.
(sec.21-ssec.3) The chief executive may approve an assessment method for subsection (2) only if the chief executive is satisfied the method will assess consistency with the objectives at least as accurately as the IQQM computer program.
sec.22
Decisions about surface water not to increase amount of water taken
sec.22 Decisions about surface water not to increase amount of water taken
The chief executive must not make a decision about the management or allocation of surface water that would increase the average volume of surface water available to be taken in the plan area.
Subsection (1) does not apply to a decision—
about unallocated water made under section 25 ; or
about a water permit.
For subsection (1) , a decision includes a decision about an application for an authorisation to take water made but not dealt with before the commencement of this plan.
s 22 amd 2008 Act No. 34 s 751 sch 2 ; 2019 SL No. 251 s 16
(sec.22-ssec.1) The chief executive must not make a decision about the management or allocation of surface water that would increase the average volume of surface water available to be taken in the plan area.
(sec.22-ssec.2) Subsection (1) does not apply to a decision— about unallocated water made under section 25 ; or about a water permit.
(sec.22-ssec.3) For subsection (1) , a decision includes a decision about an application for an authorisation to take water made but not dealt with before the commencement of this plan.
- (a) about unallocated water made under section 25 ; or
- (b) about a water permit.
sec.23
Restriction on taking water from waterholes or lakes
sec.23 Restriction on taking water from waterholes or lakes
The chief executive may grant an authorisation to take water from a waterhole or lake only if—
the chief executive imposes a condition on the authorisation about maintaining the cultural or environmental values of the waterhole or lake; or
the chief executive is satisfied the taking of the water will not adversely affect the cultural and environmental values of the waterhole or lake.
a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which the waterhole or lake naturally overflows
In making a decision under subsection (1) , the chief executive must consider—
the impact the proposed taking of the water may have on the following—
water quality;
brackish water habitats in estuarine reaches;
inundation of habitats;
the movement of fish and other aquatic species;
the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients or organic matter, to Moreton Bay or Pumicestone Channel;
recreation and aesthetic values;
cultural values including, for example, cultural values of the traditional owners of the area; and
whether the proposed taking is likely to have a direct adverse effect on groundwater flows.
An authorisation mentioned in subsection (1) does not include a water allocation converted from an authorisation under division 7 .
Subsection (1) does not limit the restrictions that may be imposed on the taking of water from a waterhole or lake.
Subsection (2) does not limit the matters the chief executive may consider.
(sec.23-ssec.1) The chief executive may grant an authorisation to take water from a waterhole or lake only if— the chief executive imposes a condition on the authorisation about maintaining the cultural or environmental values of the waterhole or lake; or the chief executive is satisfied the taking of the water will not adversely affect the cultural and environmental values of the waterhole or lake. a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which the waterhole or lake naturally overflows
(sec.23-ssec.2) In making a decision under subsection (1) , the chief executive must consider— the impact the proposed taking of the water may have on the following— water quality; brackish water habitats in estuarine reaches; inundation of habitats; the movement of fish and other aquatic species; the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients or organic matter, to Moreton Bay or Pumicestone Channel; recreation and aesthetic values; cultural values including, for example, cultural values of the traditional owners of the area; and whether the proposed taking is likely to have a direct adverse effect on groundwater flows.
(sec.23-ssec.3) An authorisation mentioned in subsection (1) does not include a water allocation converted from an authorisation under division 7 .
(sec.23-ssec.4) Subsection (1) does not limit the restrictions that may be imposed on the taking of water from a waterhole or lake.
(sec.23-ssec.5) Subsection (2) does not limit the matters the chief executive may consider.
- (a) the chief executive imposes a condition on the authorisation about maintaining the cultural or environmental values of the waterhole or lake; or
- (b) the chief executive is satisfied the taking of the water will not adversely affect the cultural and environmental values of the waterhole or lake. Example for paragraph (a) — a condition that the water may be taken only if the water level in the waterhole or lake is above the level that is 0.5m below the level at which the waterhole or lake naturally overflows
- (a) the impact the proposed taking of the water may have on the following— (i) water quality; (ii) brackish water habitats in estuarine reaches; (iii) inundation of habitats; (iv) the movement of fish and other aquatic species; (v) the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients or organic matter, to Moreton Bay or Pumicestone Channel; (vi) recreation and aesthetic values; (vii) cultural values including, for example, cultural values of the traditional owners of the area; and
- (i) water quality;
- (ii) brackish water habitats in estuarine reaches;
- (iii) inundation of habitats;
- (iv) the movement of fish and other aquatic species;
- (v) the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients or organic matter, to Moreton Bay or Pumicestone Channel;
- (vi) recreation and aesthetic values;
- (vii) cultural values including, for example, cultural values of the traditional owners of the area; and
- (b) whether the proposed taking is likely to have a direct adverse effect on groundwater flows.
- (i) water quality;
- (ii) brackish water habitats in estuarine reaches;
- (iii) inundation of habitats;
- (iv) the movement of fish and other aquatic species;
- (v) the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients or organic matter, to Moreton Bay or Pumicestone Channel;
- (vi) recreation and aesthetic values;
- (vii) cultural values including, for example, cultural values of the traditional owners of the area; and
pt.5-div.3
Unallocated water
sec.24
Unallocated water held as general reserve or strategic reserve
sec.24 Unallocated water held as general reserve or strategic reserve
Unallocated water in the plan area is held as a general reserve or strategic reserve and dealt with under this division.
For section 43 (1) (c) of the Act , the volume of unallocated water held as reserves under subsection (1) is 100ML.
s 24 sub 2019 SL No. 251 s 17
(sec.24-ssec.1) Unallocated water in the plan area is held as a general reserve or strategic reserve and dealt with under this division.
(sec.24-ssec.2) For section 43 (1) (c) of the Act , the volume of unallocated water held as reserves under subsection (1) is 100ML.
sec.24A
Processes for releasing unallocated water— Act , s 43
sec.24A Processes for releasing unallocated water— Act , s 43
For section 43 (2) (f) of the Act , the processes for releasing unallocated water reserved under this division are the processes stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 .
In preparing and implementing a process for releasing unallocated water under subsection (1) , the chief executive must consider the matters stated in the water management protocol.
s 24A ins 2019 SL No. 251 s 17
(sec.24A-ssec.1) For section 43 (2) (f) of the Act , the processes for releasing unallocated water reserved under this division are the processes stated in the Water Regulation 2016 , part 2 , division 2 , subdivision 2 .
(sec.24A-ssec.2) In preparing and implementing a process for releasing unallocated water under subsection (1) , the chief executive must consider the matters stated in the water management protocol.
sec.25
Granting unallocated water
sec.25 Granting unallocated water
Unallocated water may be granted only—
for infrastructure for a project declared under the State Development and Public Works Organisation Act 1971 , section 26 , to be a coordinated project; or
for infrastructure identified for—
the SEQ regional plan; or
a regional water security program; or
for a community facility; or
for a small scale commercial enterprise; or
under a process in the water management protocol.
In this section—
community facility includes—
a public recreational facility; or
a sporting facility; or
another facility used by a not for profit organisation.
s 25 amd 2017 SL No. 199 s 5 ; 2019 SL No. 251 s 18
(sec.25-ssec.1) Unallocated water may be granted only— for infrastructure for a project declared under the State Development and Public Works Organisation Act 1971 , section 26 , to be a coordinated project; or for infrastructure identified for— the SEQ regional plan; or a regional water security program; or for a community facility; or for a small scale commercial enterprise; or under a process in the water management protocol.
(sec.25-ssec.2) In this section— community facility includes— a public recreational facility; or a sporting facility; or another facility used by a not for profit organisation.
- (a) for infrastructure for a project declared under the State Development and Public Works Organisation Act 1971 , section 26 , to be a coordinated project; or
- (b) for infrastructure identified for— (i) the SEQ regional plan; or (ii) a regional water security program; or
- (i) the SEQ regional plan; or
- (ii) a regional water security program; or
- (c) for a community facility; or
- (d) for a small scale commercial enterprise; or
- (e) under a process in the water management protocol.
- (i) the SEQ regional plan; or
- (ii) a regional water security program; or
- (a) a public recreational facility; or
- (b) a sporting facility; or
- (c) another facility used by a not for profit organisation.
sec.26
Matters chief executive must consider
sec.26 Matters chief executive must consider
In dealing with unallocated water, the chief executive must consider—
the need for, and efficiency of, current and proposed uses of water including—
the extent to which water is being taken under authorisations in the plan area; and
emerging requirements for additional water, in and outside the plan area, and the likely timeframe in which the additional water will be required; and
alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and
the availability of an alternative water supply for the purpose for which the water is required; and
the impact the proposed taking of or interfering with the water may have on the following—
water quality;
brackish water habitats in estuarine reaches;
inundation of habitats;
the movement of fish and other aquatic species;
the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients or organic matter, to Moreton Bay or Pumicestone Channel;
recreation and aesthetic values;
cultural values, including, for example, cultural values of the traditional owners of the area; and
whether the proposed taking or interfering with, or the proposed use of, the water is likely to—
have a direct adverse effect on groundwater; or
lead to degradation, including salinity, of land or downstream watercourses; and
whether the proposed use of the water is consistent with—
the SEQ regional plan; and
any system operating plan applying to the plan area; and
any regional water security program for the SEQ region.
Subsection (1) does not limit the matters the chief executive may consider.
(sec.26-ssec.1) In dealing with unallocated water, the chief executive must consider— the need for, and efficiency of, current and proposed uses of water including— the extent to which water is being taken under authorisations in the plan area; and emerging requirements for additional water, in and outside the plan area, and the likely timeframe in which the additional water will be required; and alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and the availability of an alternative water supply for the purpose for which the water is required; and the impact the proposed taking of or interfering with the water may have on the following— water quality; brackish water habitats in estuarine reaches; inundation of habitats; the movement of fish and other aquatic species; the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients or organic matter, to Moreton Bay or Pumicestone Channel; recreation and aesthetic values; cultural values, including, for example, cultural values of the traditional owners of the area; and whether the proposed taking or interfering with, or the proposed use of, the water is likely to— have a direct adverse effect on groundwater; or lead to degradation, including salinity, of land or downstream watercourses; and whether the proposed use of the water is consistent with— the SEQ regional plan; and any system operating plan applying to the plan area; and any regional water security program for the SEQ region.
(sec.26-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
- (a) the need for, and efficiency of, current and proposed uses of water including— (i) the extent to which water is being taken under authorisations in the plan area; and (ii) emerging requirements for additional water, in and outside the plan area, and the likely timeframe in which the additional water will be required; and (iii) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and
- (i) the extent to which water is being taken under authorisations in the plan area; and
- (ii) emerging requirements for additional water, in and outside the plan area, and the likely timeframe in which the additional water will be required; and
- (iii) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and
- (b) the availability of an alternative water supply for the purpose for which the water is required; and
- (c) the impact the proposed taking of or interfering with the water may have on the following— (i) water quality; (ii) brackish water habitats in estuarine reaches; (iii) inundation of habitats; (iv) the movement of fish and other aquatic species; (v) the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients or organic matter, to Moreton Bay or Pumicestone Channel; (vi) recreation and aesthetic values; (vii) cultural values, including, for example, cultural values of the traditional owners of the area; and
- (i) water quality;
- (ii) brackish water habitats in estuarine reaches;
- (iii) inundation of habitats;
- (iv) the movement of fish and other aquatic species;
- (v) the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients or organic matter, to Moreton Bay or Pumicestone Channel;
- (vi) recreation and aesthetic values;
- (vii) cultural values, including, for example, cultural values of the traditional owners of the area; and
- (d) whether the proposed taking or interfering with, or the proposed use of, the water is likely to— (i) have a direct adverse effect on groundwater; or (ii) lead to degradation, including salinity, of land or downstream watercourses; and
- (i) have a direct adverse effect on groundwater; or
- (ii) lead to degradation, including salinity, of land or downstream watercourses; and
- (e) whether the proposed use of the water is consistent with— (i) the SEQ regional plan; and (ii) any system operating plan applying to the plan area; and (iii) any regional water security program for the SEQ region.
- (i) the SEQ regional plan; and
- (ii) any system operating plan applying to the plan area; and
- (iii) any regional water security program for the SEQ region.
- (i) the extent to which water is being taken under authorisations in the plan area; and
- (ii) emerging requirements for additional water, in and outside the plan area, and the likely timeframe in which the additional water will be required; and
- (iii) alternative water sources including, for example, recycled water and water savings from improvements in the efficiency of water use; and
- (i) water quality;
- (ii) brackish water habitats in estuarine reaches;
- (iii) inundation of habitats;
- (iv) the movement of fish and other aquatic species;
- (v) the natural movement and delivery of sediment, and the delivery of fresh water, natural nutrients or organic matter, to Moreton Bay or Pumicestone Channel;
- (vi) recreation and aesthetic values;
- (vii) cultural values, including, for example, cultural values of the traditional owners of the area; and
- (i) have a direct adverse effect on groundwater; or
- (ii) lead to degradation, including salinity, of land or downstream watercourses; and
- (i) the SEQ regional plan; and
- (ii) any system operating plan applying to the plan area; and
- (iii) any regional water security program for the SEQ region.
pt.5-div.4
sec.27
Section sec.27
s 27 amd 2017 SL No. 199 s 6
om 2019 SL No. 251 s 19
sec.28
Section sec.28
s 28 om 2019 SL No. 251 s 19
sec.29
Section sec.29
s 29 om 2019 SL No. 251 s 19
sec.30
Section sec.30
s 30 om 2019 SL No. 251 s 19
sec.31
Section sec.31
s 31 om 2019 SL No. 251 s 19
sec.32
Section sec.32
s 32 om 2019 SL No. 251 s 19
sec.33
Section sec.33
s 33 om 2019 SL No. 251 s 19
sec.34
Section sec.34
s 34 om 2019 SL No. 251 s 19
sec.35
Section sec.35
s 35 om 2019 SL No. 251 s 19
pt.5-div.5
Resource operations licences
Resource operations licences
sec.36
Water entitlements to be managed under resource operations licences
sec.36 Water entitlements to be managed under resource operations licences
Water allocations for the following water supply schemes are to be managed under the resource operations licence for the scheme—
Central Lockyer Valley water supply scheme;
Lower Lockyer Valley water supply scheme;
Warrill Valley water supply scheme.
s 36 amd 2008 Act No. 34 s 751 sch 2
sub 2014 SL No. 142 s 185
- (a) Central Lockyer Valley water supply scheme;
- (b) Lower Lockyer Valley water supply scheme;
- (c) Warrill Valley water supply scheme.
sec.37
Deciding operating arrangements and supply requirements
sec.37 Deciding operating arrangements and supply requirements
In deciding the operating arrangements and supply requirements for water infrastructure and proposed water infrastructure under the resource operations licence for each water supply scheme mentioned in section 36 , the chief executive must consider—
the impact of the infrastructure’s or proposed infrastructure’s operation on the following—
the water allocation security objectives;
water quality;
brackish water habitats in estuarine reaches;
instream water levels;
erosion of the bed and banks of watercourses;
riparian vegetation;
the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems;
recreation and aesthetic values of the plan area;
cultural values, including, for example, cultural values of the traditional owners of the plan area; and
the impact of the infrastructure or proposed infrastructure on the movement of fish and other aquatic species; and
the impact of the transfer of water between watercourses; and
the likelihood of fish deaths caused by the operation of the infrastructure; and
the joint operation of existing and proposed infrastructure; and
any system operating plan applying to the plan area; and
any regional water security program for the SEQ region.
Subsection (1) does not limit the matters the chief executive may consider.
s 37 amd 2014 SL No. 142 s 186
(sec.37-ssec.1) In deciding the operating arrangements and supply requirements for water infrastructure and proposed water infrastructure under the resource operations licence for each water supply scheme mentioned in section 36 , the chief executive must consider— the impact of the infrastructure’s or proposed infrastructure’s operation on the following— the water allocation security objectives; water quality; brackish water habitats in estuarine reaches; instream water levels; erosion of the bed and banks of watercourses; riparian vegetation; the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; recreation and aesthetic values of the plan area; cultural values, including, for example, cultural values of the traditional owners of the plan area; and the impact of the infrastructure or proposed infrastructure on the movement of fish and other aquatic species; and the impact of the transfer of water between watercourses; and the likelihood of fish deaths caused by the operation of the infrastructure; and the joint operation of existing and proposed infrastructure; and any system operating plan applying to the plan area; and any regional water security program for the SEQ region.
(sec.37-ssec.2) Subsection (1) does not limit the matters the chief executive may consider.
- (a) the impact of the infrastructure’s or proposed infrastructure’s operation on the following— (i) the water allocation security objectives; (ii) water quality; (iii) brackish water habitats in estuarine reaches; (iv) instream water levels; (v) erosion of the bed and banks of watercourses; (vi) riparian vegetation; (vii) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems; (viii) recreation and aesthetic values of the plan area; (ix) cultural values, including, for example, cultural values of the traditional owners of the plan area; and
- (i) the water allocation security objectives;
- (ii) water quality;
- (iii) brackish water habitats in estuarine reaches;
- (iv) instream water levels;
- (v) erosion of the bed and banks of watercourses;
- (vi) riparian vegetation;
- (vii) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems;
- (viii) recreation and aesthetic values of the plan area;
- (ix) cultural values, including, for example, cultural values of the traditional owners of the plan area; and
- (b) the impact of the infrastructure or proposed infrastructure on the movement of fish and other aquatic species; and
- (c) the impact of the transfer of water between watercourses; and
- (d) the likelihood of fish deaths caused by the operation of the infrastructure; and
- (e) the joint operation of existing and proposed infrastructure; and
- (f) any system operating plan applying to the plan area; and
- (g) any regional water security program for the SEQ region.
- (i) the water allocation security objectives;
- (ii) water quality;
- (iii) brackish water habitats in estuarine reaches;
- (iv) instream water levels;
- (v) erosion of the bed and banks of watercourses;
- (vi) riparian vegetation;
- (vii) the extent to which artificial variations in instream water levels and flows may adversely affect natural ecosystems;
- (viii) recreation and aesthetic values of the plan area;
- (ix) cultural values, including, for example, cultural values of the traditional owners of the plan area; and
pt.5-div.6
Water entitlements
sec.38
Authorising existing taking of water from Morton Vale Pipeline zone
sec.38 Authorising existing taking of water from Morton Vale Pipeline zone
The chief executive must grant 2 water allocations to the bulk water supply authority to take surface water from the Morton Vale Pipeline zone.
The first water allocation—
must state a nominal volume of 3,507ML; and
belongs to the medium priority B group.
The second water allocation—
must state a nominal volume of 185ML; and
belongs to the high priority group.
s 38 prev s 38 om 2014 SL No. 142 s 187
pres s 38 ins 2019 SL No. 251 s 20
(sec.38-ssec.1) The chief executive must grant 2 water allocations to the bulk water supply authority to take surface water from the Morton Vale Pipeline zone.
(sec.38-ssec.2) The first water allocation— must state a nominal volume of 3,507ML; and belongs to the medium priority B group.
(sec.38-ssec.3) The second water allocation— must state a nominal volume of 185ML; and belongs to the high priority group.
- (a) must state a nominal volume of 3,507ML; and
- (b) belongs to the medium priority B group.
- (a) must state a nominal volume of 185ML; and
- (b) belongs to the high priority group.
sec.39
Matters for chief executive to consider
sec.39 Matters for chief executive to consider
This section applies to the chief executive in deciding the water allocation dealing rules to be included in the water management protocol for the water allocation granted under section 38 (1) .
The chief executive must consider existing water use agreements and supply contracts between the bulk water supply authority and water users.
Subsection (2) does not limit the matters the chief executive may consider.
s 39 prev s 39 om 2014 SL No. 142 s 187
pres s 39 ins 2019 SL No. 251 s 20
(sec.39-ssec.1) This section applies to the chief executive in deciding the water allocation dealing rules to be included in the water management protocol for the water allocation granted under section 38 (1) .
(sec.39-ssec.2) The chief executive must consider existing water use agreements and supply contracts between the bulk water supply authority and water users.
(sec.39-ssec.3) Subsection (2) does not limit the matters the chief executive may consider.
pt.5-div.7
Converting authorisations to water allocations
Converting authorisations to water allocations
sec.40
Purpose of division
sec.40 Purpose of division
This division states, for section 43 (2) (g) of the Act , the arrangements and process for converting, under a water entitlement notice for this plan, particular authorisations to water allocations.
s 40 prev s 40 amd 2008 Act No. 34 s 751 sch 2
om 2014 SL No. 142 s 188
pres s 40 ins 2019 SL No. 251 s 21
sec.41
Authorisations may be converted to water allocations
sec.41 Authorisations may be converted to water allocations
A water entitlement notice may, under section 70 (1) (a) of the Act , implement this plan by providing for an authorisation to take surface water from the Central Lockyer Valley water supply scheme to be converted to a water allocation to take surface water from the Central Lockyer Valley water supply scheme.
s 41 prev s 41 amd 2008 Act No. 34 s 751 sch 2
om 2014 SL No. 142 s 188
pres s 41 ins 2019 SL No. 251 s 21
sec.42
Section sec.42
s 42 amd 2017 SL No. 199 s 7
om 2019 SL No. 251 s 20
sec.43
Section sec.43
s 43 sub 2014 SL No. 142 s 190
amd 2017 SL No. 199 s 8
om 2019 SL No. 251 s 21
sec.44
Location for taking water
sec.44 Location for taking water
The location for taking water stated on a water allocation must include the place at which water could have been taken under the authorisation.
sec.45
Purpose to be stated on water allocation
sec.45 Purpose to be stated on water allocation
The purpose stated on a water allocation must be—
if the purpose stated on the authorisation is ‘distribution loss’—‘distribution loss’; or
otherwise—‘any’.
- (a) if the purpose stated on the authorisation is ‘distribution loss’—‘distribution loss’; or
- (b) otherwise—‘any’.
sec.46
Nominal volume for water allocation
sec.46 Nominal volume for water allocation
The nominal volume for a water allocation to take supplemented water is—
if the authorisation states an annual volume—the stated volume; or
if the authorisation is an interim water allocation to take supplemented water in the Central Lockyer Valley water supply scheme that states an area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 3.4.
- (a) if the authorisation states an annual volume—the stated volume; or
- (b) if the authorisation is an interim water allocation to take supplemented water in the Central Lockyer Valley water supply scheme that states an area that may be irrigated—the volume decided by the chief executive having regard to the volume of water required to efficiently irrigate the area, but not more than the volume, expressed in megalitres, calculated by multiplying the area, in hectares, by 3.4.
sec.47
Priority groups
sec.47 Priority groups
In the Central Brisbane River, Pine Valleys and Stanley River water supply schemes, a water allocation to take supplemented water belongs to—
for an authorisation to take water that states a volumetric limit—the medium priority group; and
for an authorisation to take water for water harvesting purposes in the Central Brisbane River water supply scheme—the medium priority group; and
for other authorisations—the high priority A group.
In the Central Lockyer Valley water supply scheme, a water allocation to take surface water belongs to—
for a water allocation to take surface water from the Morton Vale Pipeline zone—the medium priority B group or the high priority group; or
for a water allocation to take surface water from a zone other than the Morton Vale Pipeline zone—the medium priority C group.
In the Cressbrook Creek water supply scheme, a water allocation to take supplemented water belongs to the high priority A group.
In the Lower Lockyer Valley water supply scheme, a water allocation to take supplemented water belongs to the medium priority group.
In the Warrill Valley water supply scheme, a water allocation to take supplemented water belongs to the medium priority group or the high priority C group.
In the Caboolture River, a water allocation to take supplemented water belongs to the high priority B group.
s 47 amd 2008 SL No. 362 s 3 ; 2019 SL No. 251 s 22 ; 2020 SL No. 240 s 3
(sec.47-ssec.1) In the Central Brisbane River, Pine Valleys and Stanley River water supply schemes, a water allocation to take supplemented water belongs to— for an authorisation to take water that states a volumetric limit—the medium priority group; and for an authorisation to take water for water harvesting purposes in the Central Brisbane River water supply scheme—the medium priority group; and for other authorisations—the high priority A group.
(sec.47-ssec.2) In the Central Lockyer Valley water supply scheme, a water allocation to take surface water belongs to— for a water allocation to take surface water from the Morton Vale Pipeline zone—the medium priority B group or the high priority group; or for a water allocation to take surface water from a zone other than the Morton Vale Pipeline zone—the medium priority C group.
(sec.47-ssec.3) In the Cressbrook Creek water supply scheme, a water allocation to take supplemented water belongs to the high priority A group.
(sec.47-ssec.4) In the Lower Lockyer Valley water supply scheme, a water allocation to take supplemented water belongs to the medium priority group.
(sec.47-ssec.5) In the Warrill Valley water supply scheme, a water allocation to take supplemented water belongs to the medium priority group or the high priority C group.
(sec.47-ssec.6) In the Caboolture River, a water allocation to take supplemented water belongs to the high priority B group.
- (a) for an authorisation to take water that states a volumetric limit—the medium priority group; and
- (b) for an authorisation to take water for water harvesting purposes in the Central Brisbane River water supply scheme—the medium priority group; and
- (c) for other authorisations—the high priority A group.
- (a) for a water allocation to take surface water from the Morton Vale Pipeline zone—the medium priority B group or the high priority group; or
- (b) for a water allocation to take surface water from a zone other than the Morton Vale Pipeline zone—the medium priority C group.
sec.48
Elements of a water allocation
sec.48 Elements of a water allocation
A water allocation to take unsupplemented water must state—
the maximum rate at which water may be taken under the allocation; and
the annual volumetric limit for the allocation.
s 48 sub 2014 SL No. 142 s 191
- (a) the maximum rate at which water may be taken under the allocation; and
- (b) the annual volumetric limit for the allocation.
sec.49
Nominal volume for water allocation
sec.49 Nominal volume for water allocation
In deciding the nominal volume for a water allocation to take unsupplemented water, the chief executive—
must consider, for each authorisation—
the local availability of water; and
the conditions under which water may be taken under the authorisation; and
the volume of water required to efficiently irrigate the area being irrigated under the authorisation; and
the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and
the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
the efficiency of the use of the water mentioned in subparagraph (v) ; and
must ensure the following—
for all authorisations in a class A water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 2 of the schedule for the subcatchment area;
for all authorisations in a class B water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 3 of the schedule for the subcatchment area;
for all authorisations in a class C water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 4 of the schedule for the subcatchment area;
for all authorisations in a class D water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 5 of the schedule for the subcatchment area;
for all authorisations in a class E water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 6 of the schedule for the subcatchment area.
- (a) must consider, for each authorisation— (i) the local availability of water; and (ii) the conditions under which water may be taken under the authorisation; and (iii) the volume of water required to efficiently irrigate the area being irrigated under the authorisation; and (iv) the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and (v) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and (vi) the efficiency of the use of the water mentioned in subparagraph (v) ; and
- (i) the local availability of water; and
- (ii) the conditions under which water may be taken under the authorisation; and
- (iii) the volume of water required to efficiently irrigate the area being irrigated under the authorisation; and
- (iv) the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and
- (v) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
- (vi) the efficiency of the use of the water mentioned in subparagraph (v) ; and
- (b) must ensure the following— (i) for all authorisations in a class A water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 2 of the schedule for the subcatchment area; (ii) for all authorisations in a class B water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 3 of the schedule for the subcatchment area; (iii) for all authorisations in a class C water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 4 of the schedule for the subcatchment area; (iv) for all authorisations in a class D water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 5 of the schedule for the subcatchment area; (v) for all authorisations in a class E water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 6 of the schedule for the subcatchment area.
- (i) for all authorisations in a class A water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 2 of the schedule for the subcatchment area;
- (ii) for all authorisations in a class B water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 3 of the schedule for the subcatchment area;
- (iii) for all authorisations in a class C water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 4 of the schedule for the subcatchment area;
- (iv) for all authorisations in a class D water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 5 of the schedule for the subcatchment area;
- (v) for all authorisations in a class E water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 6 of the schedule for the subcatchment area.
- (i) the local availability of water; and
- (ii) the conditions under which water may be taken under the authorisation; and
- (iii) the volume of water required to efficiently irrigate the area being irrigated under the authorisation; and
- (iv) the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the authorisation; and
- (v) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
- (vi) the efficiency of the use of the water mentioned in subparagraph (v) ; and
- (i) for all authorisations in a class A water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 2 of the schedule for the subcatchment area;
- (ii) for all authorisations in a class B water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 3 of the schedule for the subcatchment area;
- (iii) for all authorisations in a class C water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 4 of the schedule for the subcatchment area;
- (iv) for all authorisations in a class D water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 5 of the schedule for the subcatchment area;
- (v) for all authorisations in a class E water allocation group in a subcatchment area mentioned in schedule 10 , column 1—the simulated mean annual diversion for the water allocation group is not more than the volume stated in column 6 of the schedule for the subcatchment area.
sec.50
Annual volumetric limit for water allocation
sec.50 Annual volumetric limit for water allocation
The annual volumetric limit for a water allocation to take unsupplemented water is—
if the authorisation states an annual volume of water—the stated volume; and
if the authorisation does not state an annual volume of water—the volume decided by the chief executive having regard to—
the conditions under which water may be taken under the authorisation; and
the water taking capacity of any works, being used or authorised to be used, for taking water under the authorisation; and
the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
the efficiency of the use of the water mentioned in subparagraph (iii) .
Subsection (1) (b) does not limit the matters the chief executive may consider.
(sec.50-ssec.1) The annual volumetric limit for a water allocation to take unsupplemented water is— if the authorisation states an annual volume of water—the stated volume; and if the authorisation does not state an annual volume of water—the volume decided by the chief executive having regard to— the conditions under which water may be taken under the authorisation; and the water taking capacity of any works, being used or authorised to be used, for taking water under the authorisation; and the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and the efficiency of the use of the water mentioned in subparagraph (iii) .
(sec.50-ssec.2) Subsection (1) (b) does not limit the matters the chief executive may consider.
- (a) if the authorisation states an annual volume of water—the stated volume; and
- (b) if the authorisation does not state an annual volume of water—the volume decided by the chief executive having regard to— (i) the conditions under which water may be taken under the authorisation; and (ii) the water taking capacity of any works, being used or authorised to be used, for taking water under the authorisation; and (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
- (i) the conditions under which water may be taken under the authorisation; and
- (ii) the water taking capacity of any works, being used or authorised to be used, for taking water under the authorisation; and
- (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
- (i) the conditions under which water may be taken under the authorisation; and
- (ii) the water taking capacity of any works, being used or authorised to be used, for taking water under the authorisation; and
- (iii) the annual volumes of water estimated by the chief executive to have been taken under the authorisation during the period, of not more than 10 years, immediately before the commencement of this plan; and
- (iv) the efficiency of the use of the water mentioned in subparagraph (iii) .
sec.51
Section sec.51
s 51 om 2014 SL No. 142 s 192
sec.52
Maximum rates
sec.52 Maximum rates
The maximum rate at which unsupplemented water may be taken under a water allocation is—
if the authorisation states a maximum rate—the stated rate; and
if the authorisation does not state a maximum rate but a related development permit states a pump size mentioned in schedule 11 , column 1—
if the authorisation holder satisfies the chief executive that the actual rate at which water can be taken is different from the rate stated in schedule 11 , column 2, for the pump size—the rate decided by the chief executive having regard to—
the conditions under which water may be taken; and
the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and
the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and
the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or
otherwise—the rate stated in schedule 11 , column 2, for the pump size; and
if the authorisation does not state a maximum rate but a related development permit states a pump size other than a pump size mentioned in schedule 11 , column 1—the rate decided by the chief executive having regard to the matters mentioned in paragraph (b) (i) (A) to (D); and
if paragraphs (a) to (c) do not apply—the rate decided by the chief executive having regard to—
the nature of the authorisation; and
an estimate of the rate, or measurement of the actual rate, at which water is taken under the authorisation.
- (a) if the authorisation states a maximum rate—the stated rate; and
- (b) if the authorisation does not state a maximum rate but a related development permit states a pump size mentioned in schedule 11 , column 1— (i) if the authorisation holder satisfies the chief executive that the actual rate at which water can be taken is different from the rate stated in schedule 11 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which water may be taken; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and (D) the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or (ii) otherwise—the rate stated in schedule 11 , column 2, for the pump size; and
- (i) if the authorisation holder satisfies the chief executive that the actual rate at which water can be taken is different from the rate stated in schedule 11 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which water may be taken; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and (D) the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or
- (A) the conditions under which water may be taken; and
- (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and
- (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and
- (D) the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or
- (ii) otherwise—the rate stated in schedule 11 , column 2, for the pump size; and
- (c) if the authorisation does not state a maximum rate but a related development permit states a pump size other than a pump size mentioned in schedule 11 , column 1—the rate decided by the chief executive having regard to the matters mentioned in paragraph (b) (i) (A) to (D); and
- (d) if paragraphs (a) to (c) do not apply—the rate decided by the chief executive having regard to— (i) the nature of the authorisation; and (ii) an estimate of the rate, or measurement of the actual rate, at which water is taken under the authorisation.
- (i) the nature of the authorisation; and
- (ii) an estimate of the rate, or measurement of the actual rate, at which water is taken under the authorisation.
- (i) if the authorisation holder satisfies the chief executive that the actual rate at which water can be taken is different from the rate stated in schedule 11 , column 2, for the pump size—the rate decided by the chief executive having regard to— (A) the conditions under which water may be taken; and (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and (D) the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or
- (A) the conditions under which water may be taken; and
- (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and
- (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and
- (D) the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or
- (ii) otherwise—the rate stated in schedule 11 , column 2, for the pump size; and
- (A) the conditions under which water may be taken; and
- (B) the water taking capacity of the pump to which the development permit relates (the existing pump ) under normal operating conditions; and
- (C) the irrigation or water distribution system related to the existing pump during the period of not more than 10 years immediately before the commencement of this plan; and
- (D) the efficiency of the irrigation or water distribution system mentioned in subsubparagraph (C); or
- (i) the nature of the authorisation; and
- (ii) an estimate of the rate, or measurement of the actual rate, at which water is taken under the authorisation.
sec.53
Conditions
sec.53 Conditions
In deciding the conditions under which water may be taken under a water allocation to take unsupplemented water, the chief executive must have regard to the conditions stated on the authorisation.
sec.54
Water allocation groups
sec.54 Water allocation groups
A water allocation to take unsupplemented water belongs to—
for an authorisation, or part of an authorisation, to take water for irrigation purposes or that the chief executive decides is for irrigation purposes—a class A water allocation group; or
for an authorisation to take unsupplemented water in any of the following areas—a class B water allocation group—
Central Brisbane River water supply scheme;
Central Lockyer Valley water supply scheme;
Lower Lockyer Valley water supply scheme;
Pine Valleys water supply scheme;
Stanley River water supply scheme;
Warrill Valley water supply scheme; or
for an authorisation to take unsupplemented water other than from a water supply scheme for water harvesting purposes or that the chief executive decides is for water harvesting purposes—a class C water allocation group; or
for an authorisation for town water supply purposes—a class D water allocation group; or
for any other authorisation—a class E water allocation group.
- (a) for an authorisation, or part of an authorisation, to take water for irrigation purposes or that the chief executive decides is for irrigation purposes—a class A water allocation group; or
- (b) for an authorisation to take unsupplemented water in any of the following areas—a class B water allocation group— (i) Central Brisbane River water supply scheme; (ii) Central Lockyer Valley water supply scheme; (iii) Lower Lockyer Valley water supply scheme; (iv) Pine Valleys water supply scheme; (v) Stanley River water supply scheme; (vi) Warrill Valley water supply scheme; or
- (i) Central Brisbane River water supply scheme;
- (ii) Central Lockyer Valley water supply scheme;
- (iii) Lower Lockyer Valley water supply scheme;
- (iv) Pine Valleys water supply scheme;
- (v) Stanley River water supply scheme;
- (vi) Warrill Valley water supply scheme; or
- (c) for an authorisation to take unsupplemented water other than from a water supply scheme for water harvesting purposes or that the chief executive decides is for water harvesting purposes—a class C water allocation group; or
- (d) for an authorisation for town water supply purposes—a class D water allocation group; or
- (e) for any other authorisation—a class E water allocation group.
- (i) Central Brisbane River water supply scheme;
- (ii) Central Lockyer Valley water supply scheme;
- (iii) Lower Lockyer Valley water supply scheme;
- (iv) Pine Valleys water supply scheme;
- (v) Stanley River water supply scheme;
- (vi) Warrill Valley water supply scheme; or
pt.5-div.8
Water licences for taking unsupplemented water
Water licences for taking unsupplemented water
sec.55
Elements of a water licence
sec.55 Elements of a water licence
A water licence to take unsupplemented water must state—
an annual volumetric limit; and
the maximum rate at which water may be taken under the water licence during a particular period of time or in particular circumstances; and
a purpose of ‘any’.
s 55 amd 2019 SL No. 251 s 23
- (a) an annual volumetric limit; and
- (b) the maximum rate at which water may be taken under the water licence during a particular period of time or in particular circumstances; and
- (c) a purpose of ‘any’.
sec.56
Amending water licences
sec.56 Amending water licences
This section applies to a water licence to take unsupplemented water in force on the commencement of this plan.
The licence may be amended to state the following—
the purpose for which water may be taken under the licence;
the annual volumetric limit for the licence;
the maximum rate at which water may be taken under the licence;
the flow conditions for the licence;
any other conditions decided by the chief executive.
s 56 amd 2014 SL No. 142 s 193 ; 2017 SL No. 199 s 9
(sec.56-ssec.1) This section applies to a water licence to take unsupplemented water in force on the commencement of this plan.
(sec.56-ssec.2) The licence may be amended to state the following— the purpose for which water may be taken under the licence; the annual volumetric limit for the licence; the maximum rate at which water may be taken under the licence; the flow conditions for the licence; any other conditions decided by the chief executive.
- (a) the purpose for which water may be taken under the licence;
- (b) the annual volumetric limit for the licence;
- (c) the maximum rate at which water may be taken under the licence;
- (d) the flow conditions for the licence;
- (e) any other conditions decided by the chief executive.
sec.57
Annual volumetric limit for water licence
sec.57 Annual volumetric limit for water licence
The annual volumetric limit to take unsupplemented water for a water licence mentioned in section 56 (1) is the annual volumetric limit mentioned in section 50 or decided by the chief executive under that section as if the water licence were a water allocation.
s 57 sub 2014 SL No. 142 s 194
sec.58
Maximum rates
sec.58 Maximum rates
The maximum rate at which unsupplemented water may be taken under a water licence mentioned in section 56 (1) is the maximum rate mentioned in section 52 or decided by the chief executive under that section as if the water licence were a water allocation.
s 58 sub 2014 SL No. 142 s 194
pt.5-div.9
sec.59
Section sec.59
s 59 om 2014 SL No. 142 s 195
sec.60
Section sec.60
s 60 om 2014 SL No. 142 s 195
pt.5-div.10
Miscellaneous
sec.61
Releasing water through fish ways
sec.61 Releasing water through fish ways
If water to which this plan applies can be released from a dam or weir through fish ways, each resource operations licence must include environmental management rules for the release of the water.
s 61 amd 2017 SL No. 199 s 10
pt.6
Strategies for achieving outcomes (groundwater)
Strategies for achieving outcomes (groundwater)
pt.6-div.1
Preliminary
sec.62
Strategies for groundwater
sec.62 Strategies for groundwater
This part—
applies only to groundwater; and
states the strategies for achieving the outcomes mentioned in part 3 .
- (a) applies only to groundwater; and
- (b) states the strategies for achieving the outcomes mentioned in part 3 .
pt.6-div.1A
Decisions about groundwater made under this plan
Decisions about groundwater made under this plan
sec.62A
Application of division
sec.62A Application of division
This division applies to decisions about the allocation or management of groundwater to which this plan applies.
s 62A ins 2019 SL No. 251 s 24
sec.62B
Decision about groundwater to be consistent with objectives
sec.62B Decision about groundwater to be consistent with objectives
A decision about the allocation or management of groundwater to which this plan applies, other than a decision about a water permit, must be consistent with the water allocation security objectives stated in section 17 .
s 62B ins 2019 SL No. 251 s 24
pt.6-div.2
Cressbrook Creek alluvial groundwater management area
Cressbrook Creek alluvial groundwater management area
sec.63
Limitation on taking groundwater— Act , s 101
sec.63 Limitation on taking groundwater— Act , s 101
A person may not take groundwater in the Cressbrook Creek alluvial groundwater management area (the management area ) other than—
for stock or domestic purposes; or
under a water entitlement or water permit; or
to allow monitoring or salinity control.
s 63 amd 2013 Act No. 23 s 352 s ch 1 pt 2 ; 2017 SL No. 199 s 11
- (a) for stock or domestic purposes; or
- (b) under a water entitlement or water permit; or
- (c) to allow monitoring or salinity control.
sec.64
Decisions about taking groundwater
sec.64 Decisions about taking groundwater
The chief executive must not make a decision, about the allocation or management of groundwater in the management area, that would increase the average volume of groundwater that may be taken in the management area.
A decision mentioned in subsection (1) includes a decision about an application for a water licence, made but not decided before the commencement of this plan.
Subsections (1) and (2) do not apply to a decision—
about a water permit; or
about reinstating or replacing an expired water licence; or
about water sharing rules.
s 64 amd 2017 SL No. 199 s 12
(sec.64-ssec.1) The chief executive must not make a decision, about the allocation or management of groundwater in the management area, that would increase the average volume of groundwater that may be taken in the management area.
(sec.64-ssec.2) A decision mentioned in subsection (1) includes a decision about an application for a water licence, made but not decided before the commencement of this plan.
(sec.64-ssec.3) Subsections (1) and (2) do not apply to a decision— about a water permit; or about reinstating or replacing an expired water licence; or about water sharing rules.
- (a) about a water permit; or
- (b) about reinstating or replacing an expired water licence; or
- (c) about water sharing rules.
sec.65
Amending water licences to take groundwater
sec.65 Amending water licences to take groundwater
This section applies to a water licence to take groundwater in force on the commencement of this plan.
The chief executive may amend the water licence to state—
an annual volumetric limit for the licence; and
any other condition decided by the chief executive.
In deciding the annual volumetric limit for a water licence, the chief executive must have regard to—
the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the water licence; and
the annual volumes of groundwater estimated by the chief executive to have been taken during the period, of not more than 10 years, immediately before the commencement of this plan; and
the efficiency of the use of the water mentioned in paragraph (b) ; and
the impact the taking of groundwater under the water licence has on the flow of surface water; and
data collected by the chief executive about groundwater levels; and
whether the amount of water to be taken under the water licence is consistent with the outcomes mentioned in part 3 and the objectives of this plan.
s 65 amd 2017 SL No. 199 s 13
(sec.65-ssec.1) This section applies to a water licence to take groundwater in force on the commencement of this plan.
(sec.65-ssec.2) The chief executive may amend the water licence to state— an annual volumetric limit for the licence; and any other condition decided by the chief executive.
(sec.65-ssec.3) In deciding the annual volumetric limit for a water licence, the chief executive must have regard to— the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the water licence; and the annual volumes of groundwater estimated by the chief executive to have been taken during the period, of not more than 10 years, immediately before the commencement of this plan; and the efficiency of the use of the water mentioned in paragraph (b) ; and the impact the taking of groundwater under the water licence has on the flow of surface water; and data collected by the chief executive about groundwater levels; and whether the amount of water to be taken under the water licence is consistent with the outcomes mentioned in part 3 and the objectives of this plan.
- (a) an annual volumetric limit for the licence; and
- (b) any other condition decided by the chief executive.
- (a) the water taking capacity of any works, in existence on the commencement of this plan, for taking water under the water licence; and
- (b) the annual volumes of groundwater estimated by the chief executive to have been taken during the period, of not more than 10 years, immediately before the commencement of this plan; and
- (c) the efficiency of the use of the water mentioned in paragraph (b) ; and
- (d) the impact the taking of groundwater under the water licence has on the flow of surface water; and
- (e) data collected by the chief executive about groundwater levels; and
- (f) whether the amount of water to be taken under the water licence is consistent with the outcomes mentioned in part 3 and the objectives of this plan.
pt.6-div.3
Lockyer Valley groundwater management area
Lockyer Valley groundwater management area
sec.66
Limitation on taking groundwater— Act , s 101
sec.66 Limitation on taking groundwater— Act , s 101
A person may not take groundwater in the Lockyer Valley groundwater management area (the management area ) other than—
for stock or domestic purposes; or
under a water entitlement or water permit; or
to allow monitoring or salinity control; or
under an authorisation under section 72 .
s 66 amd 2013 Act No. 23 s 352 s ch 1 pt 2 ; 2017 SL No. 199 s 14
- (a) for stock or domestic purposes; or
- (b) under a water entitlement or water permit; or
- (c) to allow monitoring or salinity control; or
- (d) under an authorisation under section 72 .
sec.67
Decisions about taking groundwater
sec.67 Decisions about taking groundwater
The chief executive must not make a decision, about the allocation or management of groundwater in the management area, that would increase the average volume of groundwater that may be taken in the management area.
A decision mentioned in subsection (1) includes a decision about an application for a water licence, made but not decided before the commencement of this plan.
Subsections (1) and (2) do not apply to a decision—
about a water permit; or
about reinstating or replacing an expired water licence; or
about water sharing rules.
s 67 amd 2017 SL No. 199 s 15
(sec.67-ssec.1) The chief executive must not make a decision, about the allocation or management of groundwater in the management area, that would increase the average volume of groundwater that may be taken in the management area.
(sec.67-ssec.2) A decision mentioned in subsection (1) includes a decision about an application for a water licence, made but not decided before the commencement of this plan.
(sec.67-ssec.3) Subsections (1) and (2) do not apply to a decision— about a water permit; or about reinstating or replacing an expired water licence; or about water sharing rules.
- (a) about a water permit; or
- (b) about reinstating or replacing an expired water licence; or
- (c) about water sharing rules.
sec.68
Supplemented and unsupplemented groundwater areas
sec.68 Supplemented and unsupplemented groundwater areas
Groundwater unit 1 in implementation area 1 consists of—
the supplemented groundwater area; and
the unsupplemented groundwater area.
See subdivision 4 (Water sharing rules) for the process for managing groundwater in the unsupplemented groundwater area.
The supplemented groundwater area is supplemented by the release of surface water from the Central Lockyer Valley water supply scheme.
(sec.68-ssec.1) Groundwater unit 1 in implementation area 1 consists of— the supplemented groundwater area; and the unsupplemented groundwater area. See subdivision 4 (Water sharing rules) for the process for managing groundwater in the unsupplemented groundwater area.
(sec.68-ssec.2) The supplemented groundwater area is supplemented by the release of surface water from the Central Lockyer Valley water supply scheme.
- (a) the supplemented groundwater area; and
- (b) the unsupplemented groundwater area. Note— See subdivision 4 (Water sharing rules) for the process for managing groundwater in the unsupplemented groundwater area.
sec.69
Section sec.69
s 69 om 2017 SL No. 199 s 16
sec.70
Implementation areas 2A, 2B and 3
sec.70 Implementation areas 2A, 2B and 3
Groundwater unit 1 in implementation area 2A, 2B or 3 consists of the unsupplemented groundwater area.
See subdivision 4 (Water sharing rules) for the process for managing groundwater in the unsupplemented groundwater area.
s 70 amd 2019 SL No. 251 s 26
sec.71
Section sec.71
s 71 om 2017 SL No. 199 s 17
sec.72
Continued taking of groundwater authorised
sec.72 Continued taking of groundwater authorised
An owner of land in implementation area 2A, 2B, 3 or 4 who, on the commencement of this plan, is using an existing water bore on the land to take groundwater may continue to take groundwater using the bore.
If the chief executive is reasonably satisfied the outcomes mentioned in part 3 or the objectives mentioned in part 4 are not being achieved, the chief executive may, under section 116 of the Act , grant a water licence to the owner to take groundwater using the bore.
The water licence must state an annual volumetric limit for the licence.
s 72 amd 2017 SL No. 199 s 18 ; 2019 SL No. 251 s 27
(sec.72-ssec.1) An owner of land in implementation area 2A, 2B, 3 or 4 who, on the commencement of this plan, is using an existing water bore on the land to take groundwater may continue to take groundwater using the bore.
(sec.72-ssec.2) If the chief executive is reasonably satisfied the outcomes mentioned in part 3 or the objectives mentioned in part 4 are not being achieved, the chief executive may, under section 116 of the Act , grant a water licence to the owner to take groundwater using the bore.
(sec.72-ssec.3) The water licence must state an annual volumetric limit for the licence.
sec.73
Granting water licences
sec.73 Granting water licences
This section applies if, under section 36 of the Act , a chief executive’s notice requires the owner of land in implementation area 2A, 2B, 3 or 4 on which there are existing works for taking water to notify the chief executive of the works and the water use.
After the chief executive receives the notice, the chief executive may, under section 116 of the Act , grant a water licence to the owner to continue to take groundwater using the works.
For groundwater unit 2, the water licence must state an annual volumetric limit for the licence.
In deciding the annual volumetric limit for the water licence for groundwater unit 2, the chief executive must have regard to—
the water taking capacity of the works; and
the annual volume of groundwater estimated by the chief executive to have been taken during the period, of not more than 10 years, immediately before the commencement; and
the efficiency of the use of the water mentioned in paragraph (b) ; and
data collected by the chief executive about groundwater levels; and
whether the amount of water to be taken under the licence is consistent with the outcomes mentioned in part 3 and the objectives of this plan.
s 73 amd 2011 Act No. 40 s 107 sch ; 2017 SL No. 199 s 19 ; 2019 SL No. 251 s 28
(sec.73-ssec.1) This section applies if, under section 36 of the Act , a chief executive’s notice requires the owner of land in implementation area 2A, 2B, 3 or 4 on which there are existing works for taking water to notify the chief executive of the works and the water use.
(sec.73-ssec.2) After the chief executive receives the notice, the chief executive may, under section 116 of the Act , grant a water licence to the owner to continue to take groundwater using the works.
(sec.73-ssec.3) For groundwater unit 2, the water licence must state an annual volumetric limit for the licence.
(sec.73-ssec.4) In deciding the annual volumetric limit for the water licence for groundwater unit 2, the chief executive must have regard to— the water taking capacity of the works; and the annual volume of groundwater estimated by the chief executive to have been taken during the period, of not more than 10 years, immediately before the commencement; and the efficiency of the use of the water mentioned in paragraph (b) ; and data collected by the chief executive about groundwater levels; and whether the amount of water to be taken under the licence is consistent with the outcomes mentioned in part 3 and the objectives of this plan.
- (a) the water taking capacity of the works; and
- (b) the annual volume of groundwater estimated by the chief executive to have been taken during the period, of not more than 10 years, immediately before the commencement; and
- (c) the efficiency of the use of the water mentioned in paragraph (b) ; and
- (d) data collected by the chief executive about groundwater levels; and
- (e) whether the amount of water to be taken under the licence is consistent with the outcomes mentioned in part 3 and the objectives of this plan.
sec.74
Water sharing rules for unsupplemented groundwater
sec.74 Water sharing rules for unsupplemented groundwater
The water management protocol must contain water sharing rules for the unsupplemented groundwater in groundwater unit 1 in the management area.
In developing the water sharing rules for the management area, the chief executive must consult with water users and water service providers in the area.
s 74 amd 2017 SL No. 199 s 20
(sec.74-ssec.1) The water management protocol must contain water sharing rules for the unsupplemented groundwater in groundwater unit 1 in the management area.
(sec.74-ssec.2) In developing the water sharing rules for the management area, the chief executive must consult with water users and water service providers in the area.
sec.75
Amending water licences to state an annual volumetric limit
sec.75 Amending water licences to state an annual volumetric limit
This section applies if the chief executive is reasonably satisfied the water sharing rules for an implementation area are not achieving the outcomes mentioned in part 3 or the objectives of this plan.
The chief executive may amend the water licences in the implementation area to state annual volumetric limits for the licences.
s 75 amd 2017 SL No. 199 s 21
(sec.75-ssec.1) This section applies if the chief executive is reasonably satisfied the water sharing rules for an implementation area are not achieving the outcomes mentioned in part 3 or the objectives of this plan.
(sec.75-ssec.2) The chief executive may amend the water licences in the implementation area to state annual volumetric limits for the licences.
pt.6-div.4
Warrill-Bremer alluvial groundwater management area
Warrill-Bremer alluvial groundwater management area
sec.76
Limitation on taking groundwater— Act , s 101
sec.76 Limitation on taking groundwater— Act , s 101
A person may not take groundwater in the Warrill-Bremer alluvial groundwater management area (the management area ) other than—
for stock or domestic purposes; or
under a water entitlement or water permit; or
to allow monitoring or salinity control; or
under an authorisation under section 78 .
s 76 amd 2013 Act No. 23 s 352 s ch 1 pt 2 ; 2017 SL No. 199 s 22
- (a) for stock or domestic purposes; or
- (b) under a water entitlement or water permit; or
- (c) to allow monitoring or salinity control; or
- (d) under an authorisation under section 78 .
sec.77
Decisions about taking groundwater
sec.77 Decisions about taking groundwater
The chief executive must not make a decision, about the allocation or management of groundwater in the management area, that would increase the average volume of groundwater that may be taken in the management area.
Subsection (1) does not apply to a decision—
about a water permit; or
about water sharing rules; or
about taking groundwater for an allowable urban purpose.
s 77 amd 2017 SL No. 199 s 23
(sec.77-ssec.1) The chief executive must not make a decision, about the allocation or management of groundwater in the management area, that would increase the average volume of groundwater that may be taken in the management area.
(sec.77-ssec.2) Subsection (1) does not apply to a decision— about a water permit; or about water sharing rules; or about taking groundwater for an allowable urban purpose.
- (a) about a water permit; or
- (b) about water sharing rules; or
- (c) about taking groundwater for an allowable urban purpose.
sec.78
Continued taking of groundwater authorised
sec.78 Continued taking of groundwater authorised
An owner of land in the management area who, on the commencement of this plan, is using an existing water bore on the land to take groundwater may continue to take groundwater using the bore.
If the chief executive is reasonably satisfied the outcomes mentioned in part 3 or the objectives mentioned in part 4 are not being achieved, the chief executive may, under section 116 of the Act , grant a water licence to the owner to take groundwater using the bore.
The water licence must state an annual volumetric limit for the licence.
s 78 amd 2017 SL No. 199 s 24
(sec.78-ssec.1) An owner of land in the management area who, on the commencement of this plan, is using an existing water bore on the land to take groundwater may continue to take groundwater using the bore.
(sec.78-ssec.2) If the chief executive is reasonably satisfied the outcomes mentioned in part 3 or the objectives mentioned in part 4 are not being achieved, the chief executive may, under section 116 of the Act , grant a water licence to the owner to take groundwater using the bore.
(sec.78-ssec.3) The water licence must state an annual volumetric limit for the licence.
sec.79
Granting water licences
sec.79 Granting water licences
This section applies if, under section 36 of the Act , a chief executive’s notice requires the owner of land who is authorised under section 78 (1) to take groundwater using an existing water bore to notify the chief executive of the bore and the water use.
After the chief executive receives the notice, the chief executive may, under section 116 of the Act , grant a water licence to the owner to take groundwater using the bore.
In deciding the annual volumetric limit for the licence, the chief executive must have regard to—
the water taking capacity of the bore; and
the annual volume of groundwater estimated by the chief executive to have been taken during the period, of not more than 10 years, immediately before the commencement; and
the efficiency of the use of the water mentioned in paragraph (b) ; and
the impact on surface water flows; and
data collected by the chief executive about groundwater levels; and
whether the amount of water to be taken under the licence is consistent with the outcomes mentioned in part 3 and the objectives of this plan.
s 79 amd 2011 Act No. 40 s 107 sch ; 2017 SL No. 199 s 25
(sec.79-ssec.1) This section applies if, under section 36 of the Act , a chief executive’s notice requires the owner of land who is authorised under section 78 (1) to take groundwater using an existing water bore to notify the chief executive of the bore and the water use.
(sec.79-ssec.2) After the chief executive receives the notice, the chief executive may, under section 116 of the Act , grant a water licence to the owner to take groundwater using the bore.
(sec.79-ssec.3) In deciding the annual volumetric limit for the licence, the chief executive must have regard to— the water taking capacity of the bore; and the annual volume of groundwater estimated by the chief executive to have been taken during the period, of not more than 10 years, immediately before the commencement; and the efficiency of the use of the water mentioned in paragraph (b) ; and the impact on surface water flows; and data collected by the chief executive about groundwater levels; and whether the amount of water to be taken under the licence is consistent with the outcomes mentioned in part 3 and the objectives of this plan.
- (a) the water taking capacity of the bore; and
- (b) the annual volume of groundwater estimated by the chief executive to have been taken during the period, of not more than 10 years, immediately before the commencement; and
- (c) the efficiency of the use of the water mentioned in paragraph (b) ; and
- (d) the impact on surface water flows; and
- (e) data collected by the chief executive about groundwater levels; and
- (f) whether the amount of water to be taken under the licence is consistent with the outcomes mentioned in part 3 and the objectives of this plan.
sec.80
Granting water licence to take groundwater for allowable urban purpose
sec.80 Granting water licence to take groundwater for allowable urban purpose
The chief executive may grant a water licence to take groundwater for an allowable urban purpose using a bore.
The maximum rate at which groundwater may be taken under the water licence is 5L/sec.
(sec.80-ssec.1) The chief executive may grant a water licence to take groundwater for an allowable urban purpose using a bore.
(sec.80-ssec.2) The maximum rate at which groundwater may be taken under the water licence is 5L/sec.
pt.6-div.5
Watercourse buffer zone groundwater management area
Watercourse buffer zone groundwater management area
sec.81
Boundaries of watercourse buffer zone
sec.81 Boundaries of watercourse buffer zone
The watercourse buffer zone groundwater management area (the watercourse buffer zone ) consists of, for each watercourse or lake mentioned in schedule 12 , column 1—
the reach of the watercourse or lake stated in column 2 of the schedule; and
the area between the high bank of the watercourse or lake and the setback distance stated in column 3 of the schedule.
- (a) the reach of the watercourse or lake stated in column 2 of the schedule; and
- (b) the area between the high bank of the watercourse or lake and the setback distance stated in column 3 of the schedule.
sec.82
Limitation on taking groundwater— Act , s 101
sec.82 Limitation on taking groundwater— Act , s 101
A person may not take groundwater in the watercourse buffer zone other than—
for stock or domestic purposes; or
to allow monitoring or salinity control; or
under an authorisation under section 83 .
s 82 amd 2013 Act No. 23 s 352 s ch 1 pt 2 ; 2017 SL No. 199 s 26
- (a) for stock or domestic purposes; or
- (b) to allow monitoring or salinity control; or
- (c) under an authorisation under section 83 .
sec.83
Continued taking of groundwater authorised
sec.83 Continued taking of groundwater authorised
The owner of land in the watercourse buffer zone on which an existing water bore is situated may continue to take groundwater using the bore.
pt.6-div.6
Converting water licences to water allocations to take supplemented groundwater
Converting water licences to water allocations to take supplemented groundwater
sec.84
Purpose of division
sec.84 Purpose of division
This division states, for section 43 (2) (g) of the Act , the arrangements and process for converting, under a water entitlement notice for this plan, particular water licences to water allocations.
s 84 prev s 84 amd 2009 SL No. 280 s 195 ; 2014 Act No. 29 s 158
om 2016 SL No. 216 s 146 sch 20
pres s 84 ins 2019 SL No. 251 s 29
sec.84A
Definitions
sec.84A Definitions
In this division—
additional irrigable area see section 84M .
irrigable area see section 84K .
preliminary irrigable area see section 84L .
relevant period means the period that starts on 1 July 2007 and ends on 30 June 2018.
s 84A ins 2019 SL No. 251 s 29
sec.84B
Water licences may be converted to water allocations
sec.84B Water licences may be converted to water allocations
This section applies to a water licence to take supplemented groundwater from the Central Lockyer Valley water supply scheme for a purpose other than stock purposes or domestic purposes.
A water entitlement notice may, under section 70 (1) (a) of the Act , implement this plan by providing for 1 or more of the water licences to be converted to 1 or more water allocations to take supplemented groundwater from the Central Lockyer Valley water supply scheme.
s 84B ins 2019 SL No. 251 s 29
(sec.84B-ssec.1) This section applies to a water licence to take supplemented groundwater from the Central Lockyer Valley water supply scheme for a purpose other than stock purposes or domestic purposes.
(sec.84B-ssec.2) A water entitlement notice may, under section 70 (1) (a) of the Act , implement this plan by providing for 1 or more of the water licences to be converted to 1 or more water allocations to take supplemented groundwater from the Central Lockyer Valley water supply scheme.
sec.84C
Location for taking water
sec.84C Location for taking water
The location from which water may be taken under a water allocation converted from 1 or more water licences must be a location—
from which water could have been taken under—
for a water allocation converted from 1 water licence—the water licence; or
for a water allocation converted from more than 1 water licence—only 1 of the water licences; and
that is in a trading zone for groundwater.
s 84C ins 2019 SL No. 251 s 29
- (a) from which water could have been taken under— (i) for a water allocation converted from 1 water licence—the water licence; or (ii) for a water allocation converted from more than 1 water licence—only 1 of the water licences; and
- (i) for a water allocation converted from 1 water licence—the water licence; or
- (ii) for a water allocation converted from more than 1 water licence—only 1 of the water licences; and
- (b) that is in a trading zone for groundwater.
- (i) for a water allocation converted from 1 water licence—the water licence; or
- (ii) for a water allocation converted from more than 1 water licence—only 1 of the water licences; and
sec.84D
Nominal volumes for water allocations for water licences held by particular regional councils
sec.84D Nominal volumes for water allocations for water licences held by particular regional councils
The nominal volume for the water allocation converted from water licence 401310 held by the Lockyer Valley Regional Council is 60ML.
The nominal volume for the water allocation converted from water licences 66442G and 98268G held by the Lockyer Valley Regional Council is 10ML.
s 84D ins 2019 SL No. 251 s 29
(sec.84D-ssec.1) The nominal volume for the water allocation converted from water licence 401310 held by the Lockyer Valley Regional Council is 60ML.
(sec.84D-ssec.2) The nominal volume for the water allocation converted from water licences 66442G and 98268G held by the Lockyer Valley Regional Council is 10ML.
sec.84E
Nominal volumes—1 licence converted to 2 water allocations
sec.84E Nominal volumes—1 licence converted to 2 water allocations
This section applies if 1 water licence is converted to 2 water allocations (the first water allocation and the second water allocation respectively).
The nominal volume for the first water allocation is the volume, in megalitres, calculated by multiplying the irrigable area for the water licence by 2.
The nominal volume for the second water allocation is the volume, in megalitres, calculated by multiplying the irrigable area for the water licence by 4.
s 84E ins 2019 SL No. 251 s 29
(sec.84E-ssec.1) This section applies if 1 water licence is converted to 2 water allocations (the first water allocation and the second water allocation respectively).
(sec.84E-ssec.2) The nominal volume for the first water allocation is the volume, in megalitres, calculated by multiplying the irrigable area for the water licence by 2.
(sec.84E-ssec.3) The nominal volume for the second water allocation is the volume, in megalitres, calculated by multiplying the irrigable area for the water licence by 4.
sec.84F
Nominal volumes—2 or more licences converted to 2 water allocations
sec.84F Nominal volumes—2 or more licences converted to 2 water allocations
This section applies if 2 or more water licences are converted to 2 water allocations (the first water allocation and the second water allocation respectively).
The nominal volume for the first water allocation is the volume, in megalitres, calculated by multiplying the combined irrigable area for the water licences by 2.
The nominal volume for the second water allocation is the volume, in megalitres, calculated by multiplying the combined irrigable area for the water licences by 4.
In this section—
combined irrigable area , for water licences, means the sum of the irrigable areas for the water licences.
s 84F ins 2019 SL No. 251 s 29
(sec.84F-ssec.1) This section applies if 2 or more water licences are converted to 2 water allocations (the first water allocation and the second water allocation respectively).
(sec.84F-ssec.2) The nominal volume for the first water allocation is the volume, in megalitres, calculated by multiplying the combined irrigable area for the water licences by 2.
(sec.84F-ssec.3) The nominal volume for the second water allocation is the volume, in megalitres, calculated by multiplying the combined irrigable area for the water licences by 4.
(sec.84F-ssec.4) In this section— combined irrigable area , for water licences, means the sum of the irrigable areas for the water licences.
sec.84G
Nominal volume—rounding down
sec.84G Nominal volume—rounding down
If the nominal volume for a water allocation worked out under section 84E or 84F is not a whole number, the nominal volume for the water allocation must be rounded down to the nearest whole number.
s 84G ins 2019 SL No. 251 s 29
sec.84H
Priority group
sec.84H Priority group
A water allocation with a nominal volume decided under section 84E (2) or 84F (2) belongs to the medium priority A group.
A water allocation with a nominal volume decided under section 84E (3) or 84F (3) belongs to the low priority group.
s 84H ins 2019 SL No. 251 s 29
(sec.84H-ssec.1) A water allocation with a nominal volume decided under section 84E (2) or 84F (2) belongs to the medium priority A group.
(sec.84H-ssec.2) A water allocation with a nominal volume decided under section 84E (3) or 84F (3) belongs to the low priority group.
sec.84I
Purpose to be stated for taking water
sec.84I Purpose to be stated for taking water
The purpose to be stated for taking water under a water allocation converted from a water licence must be—
for a water allocation mentioned in section 84D —‘urban’; or
otherwise—‘any’.
s 84I ins 2019 SL No. 251 s 29
- (a) for a water allocation mentioned in section 84D —‘urban’; or
- (b) otherwise—‘any’.
sec.84J
Management of water allocations
sec.84J Management of water allocations
Water allocations converted from water licences under this division are managed under the resource operations licence for the Central Lockyer Valley water supply scheme.
s 84J ins 2019 SL No. 251 s 29
sec.84K
Working out irrigable area
sec.84K Working out irrigable area
The irrigable area for a water licence is the area, in hectares, that is the total of—
the preliminary irrigable area for the water licence worked out under section 84L ; and
if an additional irrigable area for the water licence is worked out under section 84M —the area worked out.
The irrigable area for a water licence is held in digital electronic form by the department and can be made available on request to the chief executive.
s 84K ins 2019 SL No. 251 s 29
- (a) the preliminary irrigable area for the water licence worked out under section 84L ; and
- (b) if an additional irrigable area for the water licence is worked out under section 84M —the area worked out.
sec.84L
Working out preliminary irrigable area
sec.84L Working out preliminary irrigable area
This section applies in relation to the land attached to a water licence on the commencement.
The preliminary irrigable area for the water licence is the area, in hectares, that is the sum of each of the following parts of the land—
if the licence allows the whole of a parcel of land to be irrigated using water taken under the licence—the part of the land that the chief executive decides, having considered geological mapping and spatial imagery of the land, is—
land with alluvium; or
land without alluvium that has been irrigated, during the relevant period, using water taken under the licence from the land;
if the licence allows only a part of a parcel of land to be irrigated using water taken under the licence—the part of the land.
However, the preliminary irrigable area for the water licence does not include the area of any part of the land attached to the water licence that has been included in the preliminary irrigable area of another water licence.
s 84L ins 2019 SL No. 251 s 29
(sec.84L-ssec.1) This section applies in relation to the land attached to a water licence on the commencement.
(sec.84L-ssec.2) The preliminary irrigable area for the water licence is the area, in hectares, that is the sum of each of the following parts of the land— if the licence allows the whole of a parcel of land to be irrigated using water taken under the licence—the part of the land that the chief executive decides, having considered geological mapping and spatial imagery of the land, is— land with alluvium; or land without alluvium that has been irrigated, during the relevant period, using water taken under the licence from the land; if the licence allows only a part of a parcel of land to be irrigated using water taken under the licence—the part of the land.
(sec.84L-ssec.3) However, the preliminary irrigable area for the water licence does not include the area of any part of the land attached to the water licence that has been included in the preliminary irrigable area of another water licence.
- (a) if the licence allows the whole of a parcel of land to be irrigated using water taken under the licence—the part of the land that the chief executive decides, having considered geological mapping and spatial imagery of the land, is— (i) land with alluvium; or (ii) land without alluvium that has been irrigated, during the relevant period, using water taken under the licence from the land;
- (i) land with alluvium; or
- (ii) land without alluvium that has been irrigated, during the relevant period, using water taken under the licence from the land;
- (b) if the licence allows only a part of a parcel of land to be irrigated using water taken under the licence—the part of the land.
- (i) land with alluvium; or
- (ii) land without alluvium that has been irrigated, during the relevant period, using water taken under the licence from the land;
sec.84M
Working out additional irrigable area
sec.84M Working out additional irrigable area
This section applies if—
the holder of a water licence to which section 84B applies makes a submission under the Act , section 72 about the draft water entitlement notice mentioned in section 84B ; and
the submission states that—
land (the relevant land ), owned by the licence holder but not attached to the water licence, was irrigated during the relevant period using groundwater taken from land attached to the water licence; and
the groundwater was taken from the Central Lockyer Valley water supply scheme using works located on land attached to the water licence; and
the groundwater was conveyed to the relevant land using a pipeline or channel; and
the area of the relevant land has not been included in the additional irrigable area for another water licence.
The additional irrigable area for the water licence is the total area, in hectares, of the relevant land, or the part of the relevant land, that the chief executives decides was irrigated during the relevant period in the way described in subsection (1) (b) .
s 84M ins 2019 SL No. 251 s 29
(sec.84M-ssec.1) This section applies if— the holder of a water licence to which section 84B applies makes a submission under the Act , section 72 about the draft water entitlement notice mentioned in section 84B ; and the submission states that— land (the relevant land ), owned by the licence holder but not attached to the water licence, was irrigated during the relevant period using groundwater taken from land attached to the water licence; and the groundwater was taken from the Central Lockyer Valley water supply scheme using works located on land attached to the water licence; and the groundwater was conveyed to the relevant land using a pipeline or channel; and the area of the relevant land has not been included in the additional irrigable area for another water licence.
(sec.84M-ssec.2) The additional irrigable area for the water licence is the total area, in hectares, of the relevant land, or the part of the relevant land, that the chief executives decides was irrigated during the relevant period in the way described in subsection (1) (b) .
- (a) the holder of a water licence to which section 84B applies makes a submission under the Act , section 72 about the draft water entitlement notice mentioned in section 84B ; and
- (b) the submission states that— (i) land (the relevant land ), owned by the licence holder but not attached to the water licence, was irrigated during the relevant period using groundwater taken from land attached to the water licence; and (ii) the groundwater was taken from the Central Lockyer Valley water supply scheme using works located on land attached to the water licence; and (iii) the groundwater was conveyed to the relevant land using a pipeline or channel; and
- (i) land (the relevant land ), owned by the licence holder but not attached to the water licence, was irrigated during the relevant period using groundwater taken from land attached to the water licence; and
- (ii) the groundwater was taken from the Central Lockyer Valley water supply scheme using works located on land attached to the water licence; and
- (iii) the groundwater was conveyed to the relevant land using a pipeline or channel; and
- (c) the area of the relevant land has not been included in the additional irrigable area for another water licence.
- (i) land (the relevant land ), owned by the licence holder but not attached to the water licence, was irrigated during the relevant period using groundwater taken from land attached to the water licence; and
- (ii) the groundwater was taken from the Central Lockyer Valley water supply scheme using works located on land attached to the water licence; and
- (iii) the groundwater was conveyed to the relevant land using a pipeline or channel; and
pt.7
Strategies for achieving outcomes (overland flow water)
Strategies for achieving outcomes (overland flow water)
sec.85
Applications for water licences to take overland flow water must not be accepted
sec.85 Applications for water licences to take overland flow water must not be accepted
For section 43 (2) (j) of the Act , the chief executive must not accept an application for a water licence to take overland flow water made under section 107 of the Act .
s 85 amd 2013 Act No. 23 s 352 s ch 1 pt 2 ; 2017 SL No. 103 s 167 ; 2017 SL No. 199 s 27
sub 2019 SL No. 251 s 30
sec.86
Limitation on taking overland flow water— Act , s 101
sec.86 Limitation on taking overland flow water— Act , s 101
For section 101 (1) of the Act , a person must not take overland flow water to which this plan applies under section 101 (1) (b) of the Act , unless the water is taken—
for stock or domestic purposes; or
under a water licence; or
for another purpose using works that have a capacity of not more than 5ML; or
for a purpose the chief executive reasonably considers is for water sensitive urban design; or
to satisfy the requirements of—
an environmental authority under the Environmental Protection Act 1994 ; or
a development permit for carrying out an environmentally relevant activity, other than a mining activity or petroleum activity, under the Environmental Protection Act 1994 ; or
under an authority under section 87 .
For subsection (1) (e) , the volume of overland flow water taken must not be more than the amount necessary to satisfy the requirements of the environmental authority or development permit.
In this section—
water sensitive urban design means urban planning or design that includes integrated water cycle management.
s 86 sub 2019 SL No. 251 s 30
(sec.86-ssec.1) For section 101 (1) of the Act , a person must not take overland flow water to which this plan applies under section 101 (1) (b) of the Act , unless the water is taken— for stock or domestic purposes; or under a water licence; or for another purpose using works that have a capacity of not more than 5ML; or for a purpose the chief executive reasonably considers is for water sensitive urban design; or to satisfy the requirements of— an environmental authority under the Environmental Protection Act 1994 ; or a development permit for carrying out an environmentally relevant activity, other than a mining activity or petroleum activity, under the Environmental Protection Act 1994 ; or under an authority under section 87 .
(sec.86-ssec.2) For subsection (1) (e) , the volume of overland flow water taken must not be more than the amount necessary to satisfy the requirements of the environmental authority or development permit.
(sec.86-ssec.3) In this section— water sensitive urban design means urban planning or design that includes integrated water cycle management.
- (a) for stock or domestic purposes; or
- (b) under a water licence; or
- (c) for another purpose using works that have a capacity of not more than 5ML; or
- (d) for a purpose the chief executive reasonably considers is for water sensitive urban design; or
- (e) to satisfy the requirements of— (i) an environmental authority under the Environmental Protection Act 1994 ; or (ii) a development permit for carrying out an environmentally relevant activity, other than a mining activity or petroleum activity, under the Environmental Protection Act 1994 ; or
- (i) an environmental authority under the Environmental Protection Act 1994 ; or
- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining activity or petroleum activity, under the Environmental Protection Act 1994 ; or
- (f) under an authority under section 87 .
- (i) an environmental authority under the Environmental Protection Act 1994 ; or
- (ii) a development permit for carrying out an environmentally relevant activity, other than a mining activity or petroleum activity, under the Environmental Protection Act 1994 ; or
sec.87
Taking water using particular existing overland flow works authorised
sec.87 Taking water using particular existing overland flow works authorised
This section applies to the owner of land on which existing overland flow works are situated, other than works for only taking water that may be taken under section 86 (1) (a) to (e) .
The owner is authorised to continue to use the existing overland flow works to take overland flow water.
s 87 amd 2011 Act No. 40 s 107 sch ; 2017 SL No. 199 s 28
sub 2019 SL No. 251 s 30
(sec.87-ssec.1) This section applies to the owner of land on which existing overland flow works are situated, other than works for only taking water that may be taken under section 86 (1) (a) to (e) .
(sec.87-ssec.2) The owner is authorised to continue to use the existing overland flow works to take overland flow water.
sec.88
Notification of reconfiguration of existing overland flow works
sec.88 Notification of reconfiguration of existing overland flow works
This section applies to an owner of land authorised to use existing overland flow works to take overland flow water under section 87 .
If the owner reconfigures the works, the owner must give the chief executive notice, in the approved form, about the reconfiguration.
If the owner gives the notice mentioned in subsection (2) to the chief executive, and any further information the chief executive reasonably requires, the owner may continue to use the works to take overland flow water.
s 88 prev s 88 amd 2009 SL No. 280 s 196 ; 2011 Act No. 40 s 107 sch
om 2016 SL No. 216 s 146 sch 20
pres s 88 ins 2019 SL No. 251 s 30
(sec.88-ssec.1) This section applies to an owner of land authorised to use existing overland flow works to take overland flow water under section 87 .
(sec.88-ssec.2) If the owner reconfigures the works, the owner must give the chief executive notice, in the approved form, about the reconfiguration.
(sec.88-ssec.3) If the owner gives the notice mentioned in subsection (2) to the chief executive, and any further information the chief executive reasonably requires, the owner may continue to use the works to take overland flow water.
pt.8
Accounting period
sec.89
Accounting period for resource operations licences— Water Regulation 2016 , s 142
sec.89 Accounting period for resource operations licences— Water Regulation 2016 , s 142
For the Water Regulation 2016 , section 142 (a) , the accounting period for a resource operations licence to take water from the Central Lockyer Valley water supply scheme is 1 January to 31 December.
s 89 prev s 89 om 2014 SL No. 142 s 196
pres s 89 ins 2019 SL No. 251 s 30
pt.9
Monitoring and reporting requirements
Monitoring and reporting requirements
sec.90
Monitoring and reporting requirements
sec.90 Monitoring and reporting requirements
To help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3 , the water management protocol must state—
the monitoring requirements for water and natural ecosystems for this plan; and
the reporting requirements for this plan for operators of infrastructure interfering with water in the plan area.
Also, a monitoring requirement for this plan is to monitor the pressure and levels of groundwater in the plan area.
Subsections (1) and (2) do not limit the monitoring requirements the chief executive may impose for this plan.
s 90 sub 2014 SL No. 142 s 197
amd 2017 SL No. 199 s 29
(sec.90-ssec.1) To help the Minister assess the effectiveness of the management strategies for achieving the outcomes mentioned in part 3 , the water management protocol must state— the monitoring requirements for water and natural ecosystems for this plan; and the reporting requirements for this plan for operators of infrastructure interfering with water in the plan area.
(sec.90-ssec.2) Also, a monitoring requirement for this plan is to monitor the pressure and levels of groundwater in the plan area.
(sec.90-ssec.3) Subsections (1) and (2) do not limit the monitoring requirements the chief executive may impose for this plan.
- (a) the monitoring requirements for water and natural ecosystems for this plan; and
- (b) the reporting requirements for this plan for operators of infrastructure interfering with water in the plan area.
sec.91
Section sec.91
s 91 sub 2014 SL No. 142 s 197
om 2016 SL No. 216 s 146 sch 20
sec.92
Section sec.92
s 92 om 2014 SL No. 142 s 197
sec.93
Section sec.93
s 93 om 2014 SL No. 142 s 197
pt.10
Implementing and amending this plan
Implementing and amending this plan
sec.94
Priority areas for converting to, or granting, water allocations
sec.94 Priority areas for converting to, or granting, water allocations
Each area described in schedule 13 is a priority area for this plan for the conversion to, or granting of, water allocations to take water in the plan area.
sec.95
Implementation schedule
sec.95 Implementation schedule
This section states the proposed arrangements for implementing this plan.
Within 4 years after the commencement, it is proposed to amend this plan—
to convert authorisations in the priority area to water allocations; and
to deal with unallocated surface water available for future water requirements in the priority area.
Within 4 years after the commencement, it is proposed to amend—
the water management protocol to make water allocation change rules; and
each resource operations licence that relates to the priority area—
to make environmental management rules; and
to implement the monitoring requirements in part 9 for the priority area; and
the operations manual required under each resource operations licence that relates to the priority area to make—
water sharing rules; and
seasonal water assignment rules.
Subsections (2) and (3) do not limit the matters that may be included in the water management protocol.
s 95 sub 2017 SL No. 199 s 30
(sec.95-ssec.1) This section states the proposed arrangements for implementing this plan.
(sec.95-ssec.2) Within 4 years after the commencement, it is proposed to amend this plan— to convert authorisations in the priority area to water allocations; and to deal with unallocated surface water available for future water requirements in the priority area.
(sec.95-ssec.3) Within 4 years after the commencement, it is proposed to amend— the water management protocol to make water allocation change rules; and each resource operations licence that relates to the priority area— to make environmental management rules; and to implement the monitoring requirements in part 9 for the priority area; and the operations manual required under each resource operations licence that relates to the priority area to make— water sharing rules; and seasonal water assignment rules.
(sec.95-ssec.4) Subsections (2) and (3) do not limit the matters that may be included in the water management protocol.
- (a) to convert authorisations in the priority area to water allocations; and
- (b) to deal with unallocated surface water available for future water requirements in the priority area.
- (a) the water management protocol to make water allocation change rules; and
- (b) each resource operations licence that relates to the priority area— (i) to make environmental management rules; and (ii) to implement the monitoring requirements in part 9 for the priority area; and
- (i) to make environmental management rules; and
- (ii) to implement the monitoring requirements in part 9 for the priority area; and
- (c) the operations manual required under each resource operations licence that relates to the priority area to make— (i) water sharing rules; and (ii) seasonal water assignment rules.
- (i) water sharing rules; and
- (ii) seasonal water assignment rules.
- (i) to make environmental management rules; and
- (ii) to implement the monitoring requirements in part 9 for the priority area; and
- (i) water sharing rules; and
- (ii) seasonal water assignment rules.
sec.96
Minor or stated amendment of plan— Act , s 51
sec.96 Minor or stated amendment of plan— Act , s 51
The following types of amendment may be made to this plan under section 51 (2) (a) of the Act —
an amendment or addition of an environmental flow objective if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3 ;
an amendment or addition of a water allocation security objective if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3 ;
an amendment or addition of a priority area;
an amendment or addition of a node;
an amendment or addition of a priority group;
an amendment or addition of a water allocation group;
an amendment to subdivide a subcatchment area or amalgamate subcatchment areas;
an amendment to the boundary of a groundwater management area;
an amendment to the boundary of an implementation area;
an amendment to subdivide an implementation area or amalgamate implementation areas;
an amendment to the boundary, or the addition, of a watercourse buffer zone;
an amendment to subdivide a volume, or amalgamate volumes, stated in schedule 10 ;
an amendment of the type of water entitlement that may be granted for town water supply purposes;
an amendment or addition of a monitoring or reporting requirement under part 9 .
s 96 amd 2017 SL No. 199 s 31 ; 2019 SL No. 251 s 31
- (a) an amendment or addition of an environmental flow objective if the amendment or addition achieves an equivalent or improved ecological outcome without adversely affecting the water allocation security objectives or the outcomes under part 3 ;
- (b) an amendment or addition of a water allocation security objective if the amendment or addition does not adversely affect existing water allocations, environmental flow objectives or the outcomes under part 3 ;
- (c) an amendment or addition of a priority area;
- (d) an amendment or addition of a node;
- (e) an amendment or addition of a priority group;
- (f) an amendment or addition of a water allocation group;
- (g) an amendment to subdivide a subcatchment area or amalgamate subcatchment areas;
- (h) an amendment to the boundary of a groundwater management area;
- (i) an amendment to the boundary of an implementation area;
- (j) an amendment to subdivide an implementation area or amalgamate implementation areas;
- (k) an amendment to the boundary, or the addition, of a watercourse buffer zone;
- (l) an amendment to subdivide a volume, or amalgamate volumes, stated in schedule 10 ;
- (m) an amendment of the type of water entitlement that may be granted for town water supply purposes;
- (n) an amendment or addition of a monitoring or reporting requirement under part 9 .
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